European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

Although both bodies perform similar functions, an arbitration tribunal is not a national court or tribunal within the meaning of Article 267 TFEU and cannot therefore make references to the Court of Justice for a preliminary ruling . Recourse to this type of legal remedy could prevent the uniform application of EU law in the Member States but is tempered by the fact that the national court to whi …

Concept of arbitration tribunal

Although both bodies perform similar functions, an arbitration tribunal is not a national court or tribunal within the meaning of Article 267 TFEU and cannot therefore make references to the Court of Justice for a preliminary ruling . Recourse to this type of legal remedy could prevent the uniform application of EU law in the Member States but is tempered by the fact that the national court to which parties can apply for annulment of the arbitration decision can make such reference . Furthermore, as excessive control over arbitration awards can be an obstacle to the effectiveness and appeal of arbitration, reviews of such a nature can only take place in exceptional circumstances.

The Court of Justice held that under Regulation No 17/62 Article 101 TFEU constituted a fundamental provision essential for the accomplishment of the tasks entrusted to the Union and, in particular, for the functioning of the internal market . It is therefore a matter of international public policy that national courts must take into account, as they would for issues of national public policy where they are required to do so by their rules of procedure. It follows that a national court must annul a decision brought before it where it considers the award to be contrary to Article 101 TFEU, without prejudice to the principle of procedural autonomy of Member States. This also remains valid under Regulation No 1/2003.

The arbitrator cannot order injunctions or impose fines but can nevertheless state the likely civil consequences of anticompetitive behavior in question.

See Case C-126/97 Eco Swiss [1999] ECR I-3055, LawLex200500005067JBJ.

This is not the case, however, in all cases of disputes; see notably under French law, CA Paris, 18 November 2004 aforementioned, according to which the court cannot, in the absence of any manifest violation or fraud, rule on a complex dispute regarding the competition rules where the dispute has not yet been pleaded or been subject to any ruling before an arbitrator as to the possible unlawfulness of some of the contractual provisions.

European Competition Law

184. Concept of arbitration tribunal

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184. Concept of arbitration tribunal

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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