The arbitration–competition interplay, its legal framework, and its future prospects are examined in the light of the modernized EC competition law and its private enforcement scheme. The aim of the present study is threefold: first, to highlight the interaction between these two legal fields; secondly, to underline the most problematic scenarios arising out of the application of EC competition rules by arbitrators; and finally, to argue that under certain circumstances arbitral tribunals and national courts could constitute complementary riders of the EC competition law private enforcement tandem. The discussion is conducted in the light of EC Regulation 1/2003, the Modernization Regulation, which significantly changed the EC competition law enforcement landscape and tacitly, albeit arguably, invited arbitration to the private enforcement of EC competition rules. Overall, a fresh and insightful contribution is attempted which takes into account the peculiarities of each legal order without ever losing touch with both current legal practice and business reality.
Journal of International Arbitration