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Trade and Competition Policy in the Developing World: Is There a Role for the WTO?

44 Pages Posted: 14 Aug 2008  

Daniel J. Gifford

University of Minnesota - Law School

Robert T. Kudrle

University of Minnesota, Twin Cities

Date Written: August 13, 2008

Abstract

This paper considers the possibilities that the member states of the WTO would adopt some kind of antitrust provision. Initially, the paper reviews the historical relation of competition policy to trade policy, from the Havana Conference to the present. It then reviews the conflicts between the developing and developed countries in the GATT. The paper explores the differences between the mind-set of legislators adopting a competition law and trade negotiators bargaining for a multilateral reduction in tariffs. It also identifies the influence of private interests in both situations. The paper considers competing roles played by competition laws and industrial policy, especially (but not exclusively) in developing countries. It identifies the differing benefits that developed and developing countries once perceived in a competition-law component to the WTO, and it discusses how the realization of both sets of goals is proving increasingly difficult. Finally, the paper shows that the dominant private interests of developed and developing countries diverge. As a result a global competition-law regime, whether under the WTO or not has become increasingly unlikely.

Keywords: WTO, antitrust

JEL Classification: F02, F10, F13, F19, K21, L40, L49

Suggested Citation

Gifford, Daniel J. and Kudrle, Robert T., Trade and Competition Policy in the Developing World: Is There a Role for the WTO? (August 13, 2008). Minnesota Legal Studies Research Paper No. 08-27. Available at SSRN: https://ssrn.com/abstract=1223737 or http://dx.doi.org/10.2139/ssrn.1223737

Daniel J. Gifford (Contact Author)

University of Minnesota - Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Robert T. Kudrle

University of Minnesota, Twin Cities ( email )

420 Delaware St. SE
Minneapolis, MN 55455
United States

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