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

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Abstract

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.
Original languageEnglish
Title of host publicationYearbook on International Arbitration
EditorsMarianne Roth, Michael Geistlinger
Place of PublicationVienna
PublisherNeuer Wissenschaftlicher Verlag
Pages209-222
Volume2
ISBN (Print)9783708308241
Publication statusPublished - Mar 2012

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