The Perspectives of International Cooperation in Competition Law and Policy

Abstract

This article starts with the cautionary note that an alternative approach for international cooperation in competition law and policy is needed. After the Doha Trade Talk, negotiations about this issue reached a deadlock, so there is no longer any prospect of the WTO assuming this responsibility in the future. How the politically unacceptable solution becomes an academically thinkable option? What should the central elements of future cooperation look like? Section II gives an overview of the development of the international cooperation in competition policy and law and an insight into its achievements and challenges. Section III takes a closer look at the perspectives of a global strategy by giving further details how cooperation could be designed. Key findings are: There are many reasons to support the WTO approach. The WTO cannot escape regulating international competition law and policy by stating that it serves only to promote trade liberalisation, ignoring the benefits of fair competition. The convergence of procedural laws would be politically feasible; plurilateral agreements would be more practicable than multilateral treaties; soft law effects would be useful in forming hard law norms. More specifically, the cooperation between the WTO and the ICN would be the first and best step towards preparing this strategy option.