Seminar 8 (29 November) Competition Law and WTO Law
Efforts to insert competition law provisions into the WTO agreement started in the mid 1990s but a decade later efforts were put on hold. Absent a systematic set of provisions, and in light of the global impact of certain anticompetitive practice the question turns to how to manage such activities as well as to why global agreement is difficult. In the seminar we look at two case studies, the TelMex ruling (on which Fox is optimistic, but Mavroidis and Neven are less so) and the case on export cartels (Malorie Schaus, 2nd year researcher has kindly agreed to present on this topic). And we review some of the literature on the debates on global antitrust.
One from this list (case studies)
Neven and Mavroidis ‘El mess in TELMEX: a comment on Mexico measures affecting telecommunications services’ (2006) 5(2) World trade Review 271
Fox ‘The WTO’s First Antitrust Case’ (2006) 9(2) Journal of International Economic Law 271
Martyniszyn ‘Export Cartels: Is It Legal to target Your Neighbour?’ (2012) 15(1) Journal of International Economic Law 181
The Telmex Report is available on the WTO website, if you wish to take a look, key passages from page 138, esp after 190.
Report of the Panel on Mexico – Measures affecting Telecommunications Services, 2 April 2004 (WT/DS204/R)
One from this list (relfections to trade/competition)
Anderson and Holmes Competition Policy and the Future of the MultilateralTrading System University of Sussex Discussion papers in Economics No.84 (2002) (available online)
Drexl ‘International Competition Policy After cancun’27 World Competition 419 (2006)
Gerber ‘Competition Law and the WTO: Rethinking the Relationship’ (2007) 10(3) Journal of International Economic Law 707