Wto Agreement On Competition Policy

It was argued that the WTO is not an appropriate forum because it is too diverse and half of its members do not have national competition law. The 1998 WTO Working Group report highlights the importance of a common “culture of competition” to strengthen international cooperation on dispute resolution. [59] The issue of international mergers has hardly been addressed by the WTO working group. It may be useful for the WTO to make a little more effort in this area of competition policy, as it could be an appropriate forum, particularly with regard to THE possibilities for WTO dispute settlement. [53] Another objective of competition policy, which is of particular interest to an international competition policy framework, is to promote trade and integration within an economic union or free trade area. The European Community (EC) is probably the best example of how competition policy can play an important role in market integration. Community competition law strictly prohibits any type of measures, public or private, that divide the Community market and has therefore served as a driving force for integration. [26] It is not surprising that the EC has strongly proposed the inclusion of an international competition agreement in the WTO, pending promotion of global market integration. It is doubtful, however, that the implementation of competition policy in the WTO will have a similar impact on the global economy.

[27] The fact that U.S. competition law is based on common law and that Eu competition law is based on civil law seems, on its face, to be a big difference. Indeed, EU competition law is defined only in a very limited number of articles of the EC Treaty and generally written. Although the Commission`s decisions have no precedent as in a common law system, the Commission refines EU competition law through case decisions. As in the common law, business is at the centre of research when it comes to working with EU competition law. [66] EU competition law takes a much broader approach to competition. It is not only about efficiency, but also about other aspects such as the protection of small and medium-sized enterprises. A very interesting aspect of Eu Competition Law is that it has been and will be used to break down national boundaries between its Member States and complete the unification of the common market. It demonstrates the integrative effect of a common policy and culture of competition in a multilateral framework. [64] In Cancn, ministers must decide whether there is an explicit consensus on how negotiations would begin, which would lead to new WTO rules on trade and competition policy.

In conclusion, we welcome the progress made by the group. The debate on the content of competition law and competition policy is enriching for all.

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