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

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