International Signals: The Political Dimension of International Competition Law Harmonization (original) (raw)
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The Political Economy Of International Antitrust Harmonization
2003
[hereinafter FINAL REPORT]. 4. Paragraph 25 of the Doha Declaration addresses harmonization issues, and calls for considering the inclusion within the WTO of "core principles, including transparency, nondiscrimination and procedural fairness, and provisions ... [prohibiting] hardcore cartels; modalities for voluntary cooperation; and support for progressive reinforcement of competition institutions in developing countries through capacity building."See World Trade Organization, Ministerial Declaration, WT/MIN(01YDEC/1 (Nov. 20, 2001), 41 I.L.M. 746 (2001) [hereinafter Doha Declaration].
The Impact of Globalization of Antitrust Law on Developing Countries: Harmony or Hegemony?
Asian Journal of Law and Economics, 2011
In the light of today's rampant globalization, there is an increasing need for developing a system of antitrust that serves to regulate the world market. This article describes the problems relating to the globalization of antitrust in the face of differing, and often conflicting, aims of domestic antitrust law and argues that a globally applicable system of antitrust needs to treat all state players in the global market equally by taking into account the needs of each domestic economy. Since domestic antitrust law is aimed at protecting domestic interests, a globally applicable system of antitrust must recognize the dissymmetry between the goals of antitrust in developed and developing countries, and will require a single global antitrust policy which should inform the domestic jurisprudence of all states, thereby forcing domestic authorities to also take into account the interests of foreign jurisdictions so as to not impede economic development abroad. Harmonization of antitrust should reflect the interests of the global market, which would be best regulated by a system based on a global antitrust policy that addresses the specific needs of developing economies and aims at establishing a more level playing field in the global economic arena. Owing to the self-interest inherent in state actions and domestic systems of antitrust, a neutral international body such as the World Trade Organization will need to establish a globally applicable antitrust policy, and facilitate both its initial negotiation and its enforcement.
By: Ray Kerkmez; LLM, MDR
"This paper critically analyses the idea of having harmonised international competition laws. Accordingly, the paper assesses the impediments and prospects which exist in this respect. At its commencement, the study attempts to outline a background of the factors which necessitate the introduction of harmonised international laws. This has been followed up with an analysis of the evolution of various regional and international rules on the coordination of competition among states. >>>
Cambridge Journal of International and Comparative Law, 2014
In the US, federal antitrust law may come into conflict both with federal regulation and regulatory schemes enacted by individual states. Similarly, in the EU, tensions can arise between EU antitrust rules, on the one hand, and either EU or member states' regulation, on the other. This paper seeks to examine the role played by legal tradition, in its manifold dimensions, in shaping the relationship between antitrust and regulation on the two sides of the Atlantic. To this end, Sections 2 and 3 will analyse the statutory provisions and doctrines governing the interplay between antitrust and regulation in the US and the EU. Sections 4 and 5 will explore each jurisdiction's legal traditions that may be relevant to the relationship between antitrust and regulation, such as the constitutional and political context of antitrust policy, the role of legal scholarship, and the antitrust enforcement culture. Section 6 will investigate possible connections between the divergences in the antitrust-regulation interface in the two legal systems and their different legal traditions.
RECENT BOOKS ON INTERNATIONAL LAW REVIEW ESSAY NEW PERSPECTIVES ON INTERNATIONAL ANTITRUST
The American Journal of International Law, 2011
While never completely dormant, international antitrust has gained a new momentum in the past two decades or so, evidenced by the intensity of the global exchange on international antitrust issues. This momentum is driven, inter alia, by the significant increases in international trade. It is also fueled by the exponential growth in the number and trading power of jurisdictions that have adopted antitrust laws, thereby increasing possible jurisdictional overlaps while providing a wider toolbox to deal with antitrust matters with a transborder dimension. Such developments strengthen the need to solve an existing paradox: while major businesses are often global, antitrust rules regulating their conduct are not. Academic scholarship plays an important role in these developments, both mapping the challenges that lie ahead - based on past efforts and the current state of antitrust around the world - and suggesting ways to meet such challenges. This book review analyzes three recent significant contributions to this literature, while focusing on three related questions that this scholarship raises. First, what is international about antitrust? Second, what challenges are faced by international antitrust? Third, what are the prospects for future developments in international antitrust: do history and realism militate against a true international solution, or can such a solution evolve and, if so, under what conditions?
Global Governance, Antitrust, and the Limits of International Cooperation
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, and participants in the AEI Conference, in the October 2004 meeting of the Competition Committee of the Organization for Economic Cooperation and Development, and in the 2003 Virginia Law School faculty retreat for comments and criticism. Responsibility for errors remains mine alone.
Contribution of the United Nations to the Emergence of Global Antitrust Law, The
Tul. J. Int'l & Comp. L., 2006
This Article examines the contribution of the United Nations Conference on Trade and Development (UNCTAD) to the emergence of an international framework for antitrust. It is the first systematic analysis of UNCTAD’s contribution to international antitrust since the 1980s— when the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (the Set) was adopted. The Set still constitutes the only universally applicable instrument in the area of antitrust and its validity has been constantly reaffirmed by international conferences organized by UNCTAD, the most recent one being held in 2005. However, the Set’s existence has also been shadowed: first, by its weak legal effect and, second, by the emergence of new international fora for competition policy, such as the Word Trade Organization and the International Competition Network (ICN). This Article re-examines the legal effects of the Set, taking into account the evolution of the legal and political context of global antitrust; the adoption of a significant number of international, regional, and bilateral trade agreements containing various aspects of competition law provisions; and numerous antitrust cooperation agreements. It concludes that even if it is unlikely that the Set produces, by itself, any binding effect, it may eventually contribute to the emergence of a customary international norm against restrictive business practices. Nor is the importance of UNCTAD’s Set limited to the issue of its legal effect; by providing a balanced approach to the relationship between competition law and the specific needs of developing countries, the Set may provide a model for a future international agreement on antitrust that could address the interests of both developed and developing countries.
1987
All use subject to JSTOR Terms and Conditions of its comparative advantages in the international marketplace22. The capital, technology and know-how of developed industrial nations, for example, may combine with the human and abundant natural resources of less developed nations to produce lowerpriced finished goods. Consumers will tion, of such stocks or assets , or of the use of such stock by the voting or granting of proxies or otherwise, may be substantially to lessen competition, or to tend to create a monopoly. 20 Garvey, Transnational Joint Ventures 352-354. 21 Root 86-91. 22 See Gray 16-25.