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EU Merger remedy arbitration: Key features and strategic issues in light of the first reported arbitral award

Author: Ferdinando EMANUELE, Milo MOLFA, and Pierantonio D’ELIA

Type: Article

ref: 52013445-465

N0:5 of 2013

Pages: 445-465

In recent years, arbitration commitments have frequently been included in the merger remedies package presented to the Commission for the antitrust clearance of a proposed form of business combination. An arbitration commitment consists of the concerned undertaking’s unilateral offer to arbitrate disputes arising out of the implementation of the EU merger remedies package. To date, Newscorp has been the only reported merger remedy arbitration case culminating in an award. This case gives the authors an opportunity to consider some of the most common drafting, procedural and substantive issues in merger remedy arbitration.