The arbitrability of US Antitrust and EU competition law matters (with special reference to lawyer-client privilege)

Devine, Michael (2012) The arbitrability of US Antitrust and EU competition law matters (with special reference to lawyer-client privilege). In: Yearbook on International Arbitration. Neuer Wissenschaftlicher Verlag, Vienna, pp. 209-222. ISBN 9783708308241

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US antitrust law came into existence with the Sherman Antitrust Act in 1890. EU competition law came into existence under Articles 85 and 86 of the Treaty of Rome in 1957. In both jurisdictions enforcement of antitrust or competition law matters has traditionally been by means of litigation: civil or criminal or both in the US and administrative in the EU. This paper examines the major case in each jurisdiction whereby antitrust and competition law matters may now be enforced by means of arbitration. Each jurisdiction has its specific rules with respect to lawyer-client privilege that apply to litigation. The question arises whether these rules also apply to international arbitration of antitrust and competition law matters. This paper concludes that these rules may not necessarily apply.

Item Type: Book Section
Additional Information: Publication in Belgium: ISBN 9781780680743, Intersentia N.V. / Publication in Denmark: ISBN 9788757428421, DJØF PUBLISHING / Publication in Switzerland: ISBN 9783037513088, Dike Verlag AG
Uncontrolled Keywords: antitrust laws, The Sherman Act, The Clayton Act, The Federal Trade Commission (FTC) Act, arbitration of antitrust laws, The Mitsubishi Case, competition law, Art 101, TFEU, Art 102, TFEU, The Eco-Swiss Case, arbitration of competition law, The AM&S Europe Case, The Akzo Nobel Case, lawyer-client privilege
Subjects: M100 Law by area
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Helen Pattison
Date Deposited: 28 Jun 2012 16:07
Last Modified: 22 Jan 2020 09:39

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