El arbitraje como vía de aplicación privada de las normas de libre competencia en el sistema europeo
This paper explores the problems faced in the development of arbitration in competition law matters, as well as the challenges that it must overcome after the implementation of a system of private enforcement of Articles 101 and 102 tfue (ex arts. 81 and 82 tec) by Regulation (ec) 1/2003. The new Eu...
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Main Author: | |
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Format: | Article |
Language: | Spanish |
Published: |
Universidad Externado de Colombia
2010
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3647499 |
Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 14, 2010, pags. 3-48 |
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Summary: |
This paper explores the problems faced in the development of arbitration in
competition law matters, as well as the challenges that it must overcome after the
implementation of a system of private enforcement of Articles 101 and 102 tfue
(ex arts. 81 and 82 tec) by Regulation (ec) 1/2003.
The new European legislation requires to retake the study and analysis of
competition arbitration in order to establish whether the position, powers and role performed by the arbitrators in the system of private enforcement of competition
law are identical to those of national courts of the Member States of the European
Union, or not. It is also necessary to identify which, if any, mechanisms can arbitrators
use to interact with administrative competition authorities in order to achieve
a coherent and coordinated application of articles 101 and 102 of tfeu. |
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