Antitrust e procedimento arbitrale, orizzonti di sviluppo per l’efficienza del mercato: un ponte tra sfera privatistica e disciplina a tutela del pubblico
Antitrust and arbitration proceedings, development horizons for market efficiency of the market: a bridge between private sphere and discipline to protect the public

Summary/Abstract: The brief dissertation that we are about to write in the following pages proposes the idea to deal with the antitrust legislation in the conciliatory spirit that a magazine, such as Media Res is, want to support by offering the starting point for a broader reflection. Talking about antitrust, competition law and arbitral proceedings in too many cases represent a mere proof of concept where to bring together the ostensible wisdom of who wants to find a minimum common denominator to put together a procedure that is often erroneously evaluated only for its public purposes and a dispute resolution tool, evidently characterized by its private nature. In the following paragraphs, we do not presume to be able to treat the matter we have chosen to discuss in an exhaustive and in-depth manner, but we set ourselves the no less ambitious goal of offering an introductory analysis that allows to understand which is the spirit of the antitrust legislation that guides the development of honest market competition, to circumscribe the areas where the arbitration procedure does not represent an alternative but it constitutes the primary choice of who request a compensation for the unlawful conduct suffered and, finally, to submit to the reader more technical evaluation elements that could represent the beginning of a future path of investigation or a common reasoning between the parties.

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