Overview

This new book seeks to analyse and discuss the European Commission's recent use of arbitration clauses as a mechanism for the judicial monitoring of especially behavioural remedies in the context of EC merger control. As the discussions will show, despite the partially pathological nature of some of those clauses, international arbitration appears to be an ideal tool to provide for the merging parties' medium- to long-term compliance with the remedies they have undertaken in order to obtain clearance of their proposed merger from the Commission. The Commission has taken this opportunity to try to tailor international arbitral mechanisms to its specific needs in controlling the correct implementation by the merging parties of the remedies in question. Against this background, it is arguable that the Commission's practice to date has given rise to the development of a unique supranational-type arbitration. With this in mind, the book will make the case for the nascence of supranational arbitration with a view to adjudicating the performance of behavioural remedies in the field of European merger control and, hence, demonstrate the emergence of the supranational arbitrator. The book also comprises a practical analytical annex on all relevant Commission decisions in the field.

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9789076871561

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Gordon Blanke is a practicing solicitor with SJ Berwin LLP, London, where he specialises in International Arbitration and European Competition Law. He regularly advises clients in international arbitrations and assists well-known arbitrators in the conduct of the arbitral proceedings. Gordon Blanke is a member of the Chartered Institute of Arbitrators in London, the ICC Commission on Competition, the ICC Task force for Arbitrating Competition Law Issues and the ICC UK National Committee. He was educated at the London School of Economics and Political Science, the Ecole Nationale d'Administration, the Diplomatic Academy Vienna, the Inns of Court School of Law in London, the University of Luxembourg and Robert Schuman Strasbourg and the Universidad Complutense de Madrid.

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