Penadés Fons, Manuel (2012) Beyond the prima facie effectiveness of arbitration agreements in EU merger control. Common Market Law Review, 49 (6). pp. 1915-1950.

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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:	Journal Article
Subjects:	H Social Sciences > HD Industries. Land use. Labor K Law [LC] > KJ-KKZ European law
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Evidence, Prima facie, Arbitration, Industrial, Consolidation and merger of corporations
Journal or Publication Title:	Common Market Law Review
Publisher:	Kluwer Law International
ISSN:	0165-0750
Official Date:	2012
Dates:	Date Event 2012 Published
Volume:	49
Number:	6
Page Range:	pp. 1915-1950
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access

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