Competition policy in the World Trade Organization

Table of Contents

1. Introduction

2. Competition Policy

2.1. Economic Background

2.2. Objectives of Competition Law

3. Elements of Competition Law

3.1. Cartelization

3.2. Vertical Restraints

3.3. Abuse of Dominant Position

3.4. International Mergers

3.5. Parallel Imports

4. National Competition Law

4.1. Competition Culture

4.2. National Regulation

4.3. International Cooperation

5. International Competition Law

5.1. Regional Agreements

5.2. Multilateral Regulations

5.2.1. The Havana Charter

5.2.2. The UNCTAD Principles on RBPs

5.2.3. OECD Recommendations and Guidelines

6. Current Competition-Related Regulations in the WTO

6.1. Governmental Measures

6.1.1. Tariffs

6.1.2. Quantitative Restrictions

6.1.3. Tariff Like Measures

6.1.4. Subsidies

6.2. The GATT

6.2.1. Art. I GATT, the MFN

6.2.2. Art. II GATT, Market Access

6.2.3. Art. III GATT, Non-Discrimination and National Treatment

6.2.4. Art. XI GATT, Quantitative Restrictions

6.2.5. Art. XXIII:1 GATT, Non-Violation Nullification and Impairment

6.2.6. Case Study: The Kodak-Fuji Case

6.3. The General Agreement on Trade in Services (GATS)

6.4. The TRIPS

6.5. Other Competition-Related Regulations in the WTO

7. Future Perspective of an International Competition Law Agreement

7.1. Competition and Trade

7.2. Developing Countries and Competition Law

7.3. Approaches on the Issue of International Competition Law

7.3.1. A Multilateral Agreement on Competition Law

7.3.1.1. A Harmonization Agreement

7.3.1.2. The “TRIPS Approach”

7.3.2. The “WTO Approach”

7.3.3. The “National Law Approach”

8. Conclusion

Objectives and Topics

This thesis examines the feasibility and potential structure of an international competition law agreement within the framework of the World Trade Organization (WTO). The primary research question addresses whether the WTO provides an appropriate forum for addressing private anti-competitive practices that distort international trade, and how existing WTO regulations can be leveraged or reformed to this end.

• The economic and legal foundations of competition law and policy.
• National vs. international perspectives on anti-competitive conduct.
• Analysis of existing competition-related provisions within the WTO legal system (GATT, GATS, TRIPS).
• Evaluation of the "Kodak-Fuji" case as a practical study on market foreclosure.
• Comparative analysis of potential approaches: harmonization, the "TRIPS approach," the "WTO approach," and the "national law approach."

Excerpt from the Book

Summary of Chapters

1. Introduction: Discusses the transition from governmental trade barriers to private restrictive business practices as a challenge for the WTO.

2. Competition Policy: Explores the economic background and the diverse objectives of competition law, including social welfare and efficiency.

3. Elements of Competition Law: Analyzes specific anti-competitive practices like cartelization, vertical restraints, and abuse of dominant position from an international perspective.

4. National Competition Law: Examines different national competition cultures and the limitations of territorial jurisdiction vs. the "effects doctrine."

5. International Competition Law: Reviews regional agreements and existing multilateral guidelines from organizations like UNCTAD and the OECD.

6. Current Competition-Related Regulations in the WTO: Analyzes how existing WTO agreements like the GATT and GATS touch upon competition issues and the role of the DSB.

7. Future Perspective of an International Competition Law Agreement: Proposes and evaluates various approaches for a future multilateral competition framework.

8. Conclusion: Summarizes the challenges of reaching a consensus and suggests utilizing existing WTO tools as a pragmatic path forward.

Keywords

Competition Policy, WTO, International Competition Law, Trade Liberalization, GATT, Cartelization, Vertical Restraints, Abuse of Dominant Position, Market Access, TRIPS, GATS, Effects Doctrine, Economic Efficiency, Consumer Welfare, Dispute Settlement Body

Frequently Asked Questions

What is the core focus of this work?

The work explores the necessity and potential mechanisms for integrating international competition law into the existing legal framework of the World Trade Organization.

What are the primary themes discussed?

Central themes include the interplay between trade and competition policy, the limitations of current national competition laws, and the potential for a multilateral framework within the WTO.

What is the main objective of the thesis?

The goal is to determine if and how the WTO can effectively address private anti-competitive conduct that impedes international market access.

Which scientific methods are employed?

The thesis utilizes legal and policy analysis, relying on existing trade law, WTO panel reports, and comparative studies of national competition regimes.

What does the main part of the paper cover?

It provides an in-depth analysis of anti-competitive practices, an examination of current WTO regulations, and an evaluation of four distinct approaches for future multilateral agreements.

Which keywords best describe this research?

Key terms include Competition Policy, WTO, Trade Liberalization, Cartelization, Vertical Restraints, Market Access, and Consumer Welfare.

What role does the Kodak-Fuji case play in the study?

The Kodak-Fuji case is used as a case study to illustrate the practical challenges of using WTO law to challenge private market foreclosure and the limitations of current dispute resolution mechanisms.

Why are export cartels particularly problematic in this context?

Export cartels are highlighted because they are often exempted by national competition authorities to protect domestic industries, leading to global inefficiencies and international trade tensions.