About the Necessity of International Competition Rules
As regards competition policy, globalization has revived the question whether there is a need for international competition rules in order to protect national and global competition, to reduce efficiency and welfare losses as a result of anti-competitive business practices in international trade and to avoid unfair or discriminatory enforcement practices by creating a level playing field. The academic discussion about this subject of international harmonization of procedural and substantive law, centralization and vertical competence allocation is still in progress. There is a majority of economists and jurists who plead for international competition rules.26 This chapter intends to highlight the crucial aspects of the debate. Chapter 2.1 starts with some introductory remarks on the general harmonization debate, describing the aims, arguments, and instruments of the various harmonization proposals. The subsequent Chap. 2.2 gives an introduction into the status quo of international competition enforcement, focusing on the existing forms of international cooperation. Chapters 2.3 and 2.4 describe the economic arguments both in favour of and against international competition rules and shortly presents the most important currently existing scientific proposals for economic and legal institutions to cope effectively with future international competition restraints. This chapter will not discuss the political probability for an implementation of harmonized antitrust rules.
KeywordsCompetition Policy International Competition North American Free Trade Agreement Competition Authority Bilateral Agreement
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