Topic > Competition Law Around the World - 1483

The World Trade Organization (WTO), created by the 1986-94 Uruguay Round and denials (GATT), was seen as the possible forum for agreement on multilateral rules of competition due to its extensive membership and its effective dispute resolution mechanism. In 1996, at the Singapore meeting of the WTO, the European Community proposed binding competition rules within the WTO. The proposal was made on the basis of a recommendation report published in 1995 by a group appointed by the European Commissioner for Competition. The WTO Working Group on the Interaction between Trade and Competition Policy, created at the Singapore meeting, published numerous reports from 1998 to 2001. At the 2001 WTO Doha Conference, the Working Group was were asked to focus on less artificial issues in their dissection until the Fifth WTO Ministerial Conference in Cancun in 2003. At the Fifth WTO Ministerial Conference an advanced proposal from the European Community (OA50) was on the table. The proposed proposal contains the following; the commitment to fight the toughest cartels; commitment to WTO principles, namely transparency, procedural fairness and non-discrimination; technical assistance will be provided to developing and least developing countries; inter-agency cooperation in competition law enforcement would be voluntary; the resolution of the dispute would apply to the first two commitments. At the conference it was clear that, although the scope of the WTO was limited to the harshest cartels, there was no census among WTO members, and therefore the WTO suspended the working group on competition interaction and trade policy and dropped the proposal from the agenda. This was not the first... half of the document... from the competition authorities. Regarding harmonization, the ICN seeks smooth convergence through the identification of best practices. From the comparison you can see that there is a huge difference between these two approaches so it is difficult to see or choose the best solution. The ICN is the newest network and is evolving over time, so it is unclear whether this network will drive competition rules in the future. In the future there may be a multilateral agreement on competition law when there is less diversity between countries, and the ICN may be the venue for this agreement, but then it would be desirable to separate competition from trade. Some may support separation, others may not, like Professor Fox. In his article Doha Dom he writes “free trade and free competition naturally go hand in hand, since they are based on solidarity values.”