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Strengthening the Arbitrator’s Role in Competition Law through the Directive on Actions for Damages

Author: Benoit Le BARS et Lucian ILIE

Type: Article

ref: 42017305-313

N0:4 of 2017

Pages: 305-313

The analysis according to which the assessment of anticompetitive offences should be reserved to specialised authorities in competition law and to national courts is now dated. While arbitrators can easily be recognised as adjudicators of competition law, even considered by some as the ideal adjudicators of competition law, it remains that, in some cases, they evade that status: on the one hand, arbitrators are often overlooked, as they do not benefit from the cooperation existing between other players in the field of competition law; on the other hand, arbitrators and national courts with jurisdiction over competition law are not on an equal footing with regard to the review of their decision, as the decisions of arbitrators are subject to a moderate level of review.