WTO Competition Law Revisited: From TRIPS Competition Flexibilities and Singapore Issues to the WTO Agenda of a Post-Doha Round

Lund University Legal Studies Research Paper No. 2009:51

25 Pages Posted: 16 Aug 2009

See all articles by Tu T. Nguyen

Tu T. Nguyen

Faculty of Law, Lund University

Hans Henrik Lidgard

Lund University - Faculty of Law

Date Written: May 1, 2009

Abstract

International trade legislation and especially the TRIPS Agreement contain elements of a competition law system. Flexibilities in the system create substantial discretion for an implementing country. Developing countries have been encouraged to apply these rules to counterbalance the strong IPR protection system under the TRIPS Agreement. The risk of both over- and under-enforcement should not be overlooked. Either may prove harmful to the developing countries. The need for more precise standards for competition law enforcement as well as support for building an efficient structure is obvious. In spite of the mishaps with the Singapore issues, it appears equally clear that the WTO provides the right forum for such discussions. In a post-Doha trade negotiation round, it must be possible to re-establish the discussion. The way forward is more likely to be a new multilateral agreement on fair trade issues under the WTO 'umbrella.'

Keywords: Competition law, WTO, TRIPS, Singapore issues

JEL Classification: K21, L40

Suggested Citation

Nguyen, Tu T. and Lidgard, Hans Henrik Gunnar, WTO Competition Law Revisited: From TRIPS Competition Flexibilities and Singapore Issues to the WTO Agenda of a Post-Doha Round (May 1, 2009). Lund University Legal Studies Research Paper No. 2009:51, Available at SSRN: https://ssrn.com/abstract=1455366 or http://dx.doi.org/10.2139/ssrn.1455366

Tu T. Nguyen (Contact Author)

Faculty of Law, Lund University ( email )

Lilla Gråbrödersgatan 4
Box 207
Lund, 221 00
Sweden
+46 46 222 1101 (Phone)
+46 46 222 4444 (Fax)

Hans Henrik Gunnar Lidgard

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden
046 - 222 11 29 (Phone)
046 - 222 44 44 (Fax)

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