WTO Law and Economics and Restrictive Practices in Energy Trade: The Case of the OPEC Cartel

(2016) The Journal of World Energy Law & Business (Oxford) 9(6) 475-494

TILEC Discussion Paper No. 2016-014

Tilburg Law School Research Paper No. 14/2016

33 Pages Posted: 16 Jul 2016 Last revised: 10 Jul 2017

See all articles by Anna-Alexandra Marhold

Anna-Alexandra Marhold

Grotius Centre for International Legal Studies, Leiden Law School

Date Written: July 15, 2016

Abstract

The World Trade Organization cannot deal comprehensively with restrictive export practices maintained by energy cartels such as the OPEC. The main reason for this is the absence of competition rules in the multilateral trading system. However, in spite of the fact that the WTO does not have rules on competition, it does provide for other rules, such as GATT Article XI on the General Elimination of Quantitative Restrictions. This article will take a law and economics approach and explore whether restrictive practices in the energy sector as maintained by OPEC could be caught by this article. It will analyse whether OPEC’s ‘monopolist market power instrument of choice’, namely the administration of production quota on petroleum, could fall within the definition of this Article. To this end, this contribution aims to understand the economic and legal rationales and functioning of both the WTO and OPEC.

Keywords: WTO Law, International Economic Law, Law and Economics, Antitrust, Competition, OPEC, Natural Resources, Energy, Quantitative Restrictions

JEL Classification: K33, K21, K00, F13, P28, Q41, F53, P48, N70

Suggested Citation

Marhold, Anna-Alexandra, WTO Law and Economics and Restrictive Practices in Energy Trade: The Case of the OPEC Cartel (July 15, 2016). (2016) The Journal of World Energy Law & Business (Oxford) 9(6) 475-494; TILEC Discussion Paper No. 2016-014; Tilburg Law School Research Paper No. 14/2016. Available at SSRN: https://ssrn.com/abstract=2810159 or http://dx.doi.org/10.2139/ssrn.2810159

Anna-Alexandra Marhold (Contact Author)

Grotius Centre for International Legal Studies, Leiden Law School ( email )

Leiden University Law Faculty
P.O. Box 9520
Leiden, 2300 RA
Netherlands

HOME PAGE: http://www.universiteitleiden.nl/en/staffmembers/anna-alexandra-marhold/publications#tab-1

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