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Beyond the prima facie effectiveness of arbitration commitments in EU merger control

Penadés Fons, Manuel (2012) Beyond the prima facie effectiveness of arbitration commitments in EU merger control. Common Market Law Review, 49 (6). pp. 1915-1949. ISSN 0165-0750

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Abstract

In the last decade, the use of arbitration in merger control has gained ample support from European institutions, scholars and practitioners, and there is consensus as to its benefits and efficiencies for the enforcement of behavioural remedies. However, in the vast majority of cases this position is based on vague allegations about the general advantages of arbitration, which lack substantive analysis of the operability of the mechanism when in comes to its implementation. This paper argues that when looking beyond that prima facie effectiveness, arbitration commitments - as currently drafted - are deficient and will result in pathological proceedings should they be triggered by third parties. The improvement of these weaknesses is necessary to guarantee the real enforceability of behavioural remedies and the effectiveness of EU merger control.

Item Type: Article
Official URL: http://www.kluwerlawonline.com/toc.php?pubcode=COL...
Additional Information: © 2012 Wolters Kluwer
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 13 Oct 2015 10:51
Last Modified: 20 Jan 2020 04:48
URI: http://eprints.lse.ac.uk/id/eprint/63971

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