Abstract

http://ssrn.com/abstract=1152146
 


 



Competition Law and the WTO: Rethinking the Relationship


David J. Gerber


Illinois Institute of Technology - Chicago-Kent College of Law

September 1, 2007

10 Journal of International Economic Law 707 (2007)
Chicago-Kent College of Law Research Paper

Abstract:     
This essay identifies obstacles to the inclusion of a competition law regime in the WTO and suggests changes that are likely to be necessary if competition law is to become an effective part of the WTO. Two obstacles have impeded inclusion of competition law in the WTO's legal regime and are likely to continue to do so. They are (i) a lack of confidence that the norms, practices and procedures of the WTO rest on a robust conception of community and (ii) uncertainty and concern about what form of competition law might be included and what its role in the WTO would be. In order to reduce the first of these obstacles, the institutions and members of the WTO will need to develop a conception of community that engenders widespread confidence in the WTO's basic modes of operation. Eliminating the second obstacle would require clarification of the kind of competition law that would be acceptable within the WTO, and this, in turn, is likely to require development of a form of competition law that is specifically designed for the WTO and that can elicit the long-term support of all categories of members. The essay suggests that the competition law issue is intricately interwoven with the future of the WTO. The changes that would be necessary to introduce and successfully implement competition law in the WTO are to a large extent the same as those that the institution will need to make if it is to enrich its role as an institution.

Number of Pages in PDF File: 18

Keywords: competition law, WTO, trade, regulation, administrative law

JEL Classification: K19, K21, K23, K42

Accepted Paper Series


Download This Paper

Date posted: June 27, 2008 ; Last revised: July 17, 2013

Suggested Citation

Gerber, David J., Competition Law and the WTO: Rethinking the Relationship (September 1, 2007). 10 Journal of International Economic Law 707 (2007); Chicago-Kent College of Law Research Paper. Available at SSRN: http://ssrn.com/abstract=1152146 or http://dx.doi.org/10.1093/jiel/jgm016

Contact Information

David J. Gerber (Contact Author)
Illinois Institute of Technology - Chicago-Kent College of Law ( email )
565 W. Adams St.
Chicago, IL 60661-3691
United States

Feedback to SSRN


Paper statistics
Abstract Views: 964
Downloads: 14

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.218 seconds