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A Competition Policy for the WTO, Philip Marsden

A Competition Policy for the WTO, Philip Marsden Legal Issues of Economic Integration 31(3): 185­218, 2004. © 2004 Kluwer Law International. Printed in the Netherlands. A Competition Policy for the WTO, Philip Marsden1 Reviewed by * Those exposed, voluntarily or otherwise, to the international competition policy discussion have likely noticed that trade and competition lawyers come to the topic with somewhat divergent views. These centre on whether or by what means the WTO should incorporate provisions to address domestic anticompetitive practices. Although the textbook tells us that `competition' and `trade' are complementary and mutually re-enforcing prospects, this point is quickly subsumed once international lawyers from each discipline cross swords on the jurisdictional points of contact between international trading commitments and the legitimate policy domain of domestic anti-trust laws. For competition authorities, the refined experience of forming assessments for market definitions, the treatment of practices according to rule of reason, and economic efficiency evaluations could all be thrown over when trade lawyers can taste the prospective benefits of extending `market access' to require governments to affirmatively address those final `non tariff barriers' activated by the myriad of private domestic arrangements, both horizontal and vertical. While the national treatment principle can in any case examine domestic competition laws http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Legal Issues of Economic Integration Kluwer Law International

A Competition Policy for the WTO, Philip Marsden

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Legal Issues of Economic Integration , Volume 31 (3) – Aug 1, 2004
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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
0377-0915
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Abstract

Legal Issues of Economic Integration 31(3): 185­218, 2004. © 2004 Kluwer Law International. Printed in the Netherlands. A Competition Policy for the WTO, Philip Marsden1 Reviewed by * Those exposed, voluntarily or otherwise, to the international competition policy discussion have likely noticed that trade and competition lawyers come to the topic with somewhat divergent views. These centre on whether or by what means the WTO should incorporate provisions to address domestic anticompetitive practices. Although the textbook tells us that `competition' and `trade' are complementary and mutually re-enforcing prospects, this point is quickly subsumed once international lawyers from each discipline cross swords on the jurisdictional points of contact between international trading commitments and the legitimate policy domain of domestic anti-trust laws. For competition authorities, the refined experience of forming assessments for market definitions, the treatment of practices according to rule of reason, and economic efficiency evaluations could all be thrown over when trade lawyers can taste the prospective benefits of extending `market access' to require governments to affirmatively address those final `non tariff barriers' activated by the myriad of private domestic arrangements, both horizontal and vertical. While the national treatment principle can in any case examine domestic competition laws

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Legal Issues of Economic Integration – Kluwer Law International

Published: Aug 1, 2004

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