Introduction: On the Way to an International Competition Order
After the failure of the Havana Charter in 1947, the WTO took over the role of mediator for questions regarding trade, except for cases involving foreign competition policy. Even in trade policy the influence of the WTO remains limited, however, because it can neither act of its own accord nor apply sanctions in cases of violations against the trade rules of GATT, as a national authority would. There are no competition policy instruments to deal with international violations of competition that negatively effect foreign countries, such as abusing a position of market control, export cartels, vertical or horizontal limitations to competition on export markets and mergers that effect third-party countries.1
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