Broadening the Vision of Trade Liberalisation: International Competition Law and the WTO

(2001) 24 World Competition 343-365

23 Pages Posted: 5 Nov 2012

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Date Written: November 5, 2001

Abstract

This article begins by examining competition law and trade liberalisation as promoted by international trade law, and the common policies that inform them. It goes on to consider the points of intersection between competition and trade law, highlighting the problems arising from the current system of national competition laws in the context of trade liberalisation. It suggests that international competition law could solve some of these problems, although previous attempts to implement such a regime have proved unsuccessful on the whole. It then considers the possibility of creating international competition laws within the World Trade Organization (WTO) framework, which already includes some competition law elements. The article argues that international competition law under the WTO could provide a meaningful solution to some current trade/competition conflicts, although theoretical and practical obstacles require a modest beginning concentrating on substantive principles about which there is widespread consensus.

Keywords: competition law, antitrust law, trade liberalisation, trade and competition, World Trade Organization, WTO

JEL Classification: K33, K21, L40, F12

Suggested Citation

Mitchell, Andrew D., Broadening the Vision of Trade Liberalisation: International Competition Law and the WTO (November 5, 2001). (2001) 24 World Competition 343-365. Available at SSRN: https://ssrn.com/abstract=2171459

Andrew D. Mitchell (Contact Author)

University of Melbourne - Law School ( email )

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HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

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