Arbitrating of competition law claims has generated a substantial tension between the policies served by promoting international arbitration and those protected by the national competition law. Despite the legal tension and unpredictability associated with arbitrating competition law issues, the arbitrator should, in principle, resolve such issues. This study analyses the main concerns when arbitrating competition law issues, such as jurisdiction, choice of law and, in particular, the position of national jurisdiction regarding the enforcement of the award conflicting national competition law. / This study proposes the functional approach to choice of law problems according to which the arbitrator will decide on the applicable competition law bearing in mind the content of mandatory norm, its connection with a dispute and the consequences of its application and non-application. In that regard, this thesis will examine how an arbitrator should address the extraterritorial effect of the competition law. The study will suggest that if the competition law policies of states connected with a dispute serve opposing and conflicting goals, the arbitrator should, in order to preserve his/her neutral function refuse to decide whose competition policy is "better" and should consequently decline jurisdiction.

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Competition policy is an important tool for assurance of the efficient allocation of resources in functioning market economies. Applicability of modern competition policy to situations in former planned economies, however, raises doubts because of fundamentally different states of competition in such markets. This study analyses development of competition policy in Poland, Hungary and the Czech Republic. Particular attention is given to the influence of the EU competition policy in the framework of negotiations for final membership in the EU. / This study proposes reassessment of the competition policy of the three countries in order to better tackle the economic complexities of transition to fully functioning market economies. Harmonization of competition policy of the three candidate countries for EU membership with competition policy of the EU assumes appropriateness of EU competition policy for transition situations. Contrary to this assumption, the thesis argues that competition policy in transition should be tailored closely to the needs of transition. Since harmonization of competition law is only an instrument to evaluate whether a candidate country has a functioning market economy that can be integrated in the EU Internal Market, competition policy aimed at better promoting competition should be welcomed.

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