USING ALTERNATIVE DISPUTE RESOLUTIONIN COMPETITION LAW – EUROPEAN MODEL

Alternative dispute resolution and mediation.

Doctors and patients are not natural enemies. On the contrary, there is commonly a special relationship between them, with vulnerability and trust on one side and caring and professional expertise on the other. A medical dispute can create turmoil of that relationship, particularly if it is conducted in the traditional adversarial procedure. Depending on how it develops, the patient may see the...

Two Forms of Modernization in European Competition Law

This Article makes two central claims. One is that the two processes are related in important ways and that neither can be fully understood without understanding the other. The other is that the relationships between the two reveal changes in the dynamics of European competition law that have so far been little noticed. This Article first sets out briefly the basic outlines of the procedural mo...

Commission activism: subsuming telecommunications and electricity under European competition law

Under European competition law the Commission has far-reaching competences. The article asks about the conditions under which the Commission may use these rights against the member states, focusing on the most powerful provisionthe right of the Commission under Article 90 to issue directives by itself in those cases where member state governments have endowed undertakings with rights conflictin...

Using Case-Based Reasoning to Support Alternative Dispute Resolution

Recent trends in communication technologies led to a shift in the already traditional Alternative Dispute Resolution paradigm, giving birth to the Online Dispute Resolution one. In this new paradigm, technologies are used as a way to deliver better, faster and cheaper alternatives to litigation in court. However, the role that technology plays can be even further enhanced through the use of art...

Procedural Justice and the Rule of Law: Fostering Legitimacy in Alternative Dispute Resolution