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International Competition Law

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International Competition Law
By
Martyn D. Taylor
Description
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, realising 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.
• Makes
extensive use of diagrams to: explain key aspects of the underlying
economic theory; summarise important features of legal instruments
and procedures; and identify the key features and appropriate ranking
of potential policy solutions • Each chapter establishes a
proposition, presenting the analysis in a step-by-step way: this
allows the reader to follow the key issues and arguments easily •
A draft negotiating text with commentary is included as an Appendix,
allowing readers to apply and gain further insight into the concepts
identified in the text using a practical, ‘real-life’
example
Contents
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.
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