International Competition Law: A New Dimension for the WTO?

ISBN-13: 9780521863896 / Angielski / Twarda / 2006 / 520 str.

Martyn D. Taylor (Mallesons Stephen Jaques)

Opis

Should an international competition agreement be incorporated into the World Trade Organization? Taylor examines this question, arguing that such an agreement would be beneficial. Existing initiatives towards the regulation of cross-border, anti-competitive conduct have clear limitations that could be overcome by an agreement, and the WTO would provide the optimal institutional vehicle for it. At a practical level, Taylor points out, an international competition agreement could address under-regulation and over-regulation in the trade-competition regulatory matrix, realizing substantive benefits to international trade and competition. This book identifies the appropriate content and structure for a plurilateral competition agreement and proposes a draft negotiating text with accompanying commentary, and as such will be an invaluable tool for policy-makers, WTO negotiators, competition and trade lawyers, and international jurists.

Spis treści

1. Introduction; 2. Is competition law beneficial?; 3. Is an international competition agreement desirable?; 4. Is there sufficient basis for an international competition agreement?; 5. Have existing cross-border initiatives proved sufficient?; 6. Would the WTO provide a suitable institutional vehicle?; 7. Would a WTO competition agreement promote international trade?; 8. Would competition regulation of trade promote competition?; 9. Should competition principles be introduced into anti-dumping law? 10. Optimal objectives and principles for a WTO competition agreement; 11. What is the optimal content for a WTO competition agreement?; 12. What is the optimal structure for a WTO competition agreement?; 13. Would a WTO competition agreement be politically achievable?; 14. Conclusion: A plurilateral agreement should be incorporated into the WTO; Appendix: Draft negotiating text for a plurilateral WTO competition agreement.