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.
|Title of host publication
|Yearbook on International Arbitration
|Marianne Roth, Michael Geistlinger
|Place of Publication
|Neuer Wissenschaftlicher Verlag
|Published - Mar 2012