Competition Law and the Millennium Round

Eleanor M Fox

Journal of International Economic Law, 1999, vol. 2, issue 4, 665-79

Abstract: To advance the debate about whether competition should be on the agenda of the World Trade Organization, this paper identifies the key point at which trade law and competition law meet: the blockage of market access by anti-competitive restraints. At this open-market intersection, there is a synergy to be captured by combining principles of free trade and principles of free competition. The author proposes a simple architecture, with a choice of law principle for seamlessly incorporating into the WTO a discipline against private market access restraints. The author cautions against indiscriminately raising antitrust issues to an international level and against doing so under a trade law banner. For the world competition issues that are not trade issues, a free-standing World Competition Forum is proposed, interactive where appropriate with the WTO. Copyright 1999 by Oxford University Press.

Date: 1999
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