A Possible Way to an International Competition Order

Abstract

After the failure of the Havana Charter in 1947, the role of mediator for questions regarding trade was passed to the WTO, though not for cases involving foreign competition policy. The influence of the WTO is limited even in trade policy, however, because neither can it decide of its own accord to act, nor does it have the ability to apply sanctions in the case of violations against the trade rules of the GATT, as a national authority would. Competition policy instruments to deal with international violations of competition that effect foreign countries negatively — such as taking advantage of a position of market control or export cartels, or vertical and horizontal limitations on competition on export markets and mergers that effect third-party countries — do not exist.¹