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Competition Regulation And Policy At The World Trade Organisation
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Book Synopsis Competition Regulation and Policy at the World Trade Organisation by : Fiona Marshall
Download or read book Competition Regulation and Policy at the World Trade Organisation written by Fiona Marshall and published by Anchor Books. This book was released on 2010 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governmental barriers to trade have gradually been reduced and eliminated; initially under the General Agreements on Tariffs and Trade (GATT) and now under the World Trade Organisation (WTO), leading to freer, fairer and more competitive international trade. However, private barriers to trade still exist and are not currently addressed by any international agreement. As a result, the realisation of the goals of free and fair trade aims of the WTO have not completely come to fruition. This work analyses the question of whether an international competition agreement to address private barriers should be negotiated, from a competition perspective and a trade perspective.
Book Synopsis Competition Policy in the World Trade Organization by : Arnulf Gressel
Download or read book Competition Policy in the World Trade Organization written by Arnulf Gressel and published by GRIN Verlag. This book was released on 2007-08-24 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: 1,00, University of Salzburg (Völkerrecht), language: English, abstract: Die vorliegende Diplomarbeit behandelt das Problem der Regelung von Wettbewerbsfragen im Völkerrecht im allgemeinen und in der WTO im besonderen. In Kapitel 1 werden die wirtschaftlichen Hintergründe und unterschiedlichen Motive für staatliche wettbewerbsrechtliche Regelungen dargestellt. Kapitel 2 stellt verschiedene Tatbestände, die im Wettbewerbsrecht als regelungsbedürftig angesehen werden, vor (z.B. Kartelle, Missbrauch der marktbeherrschenden Stellung, etc.). Kapitel 3 beschreibt nationale Regelungsansätze des Wettbewerbsrechtes einschließlich bilateraler Kooperationsabkommen, die zur Durchsetzung nationaler Regelungen erforderlich sind. Besonderes Augenmerk wird auch auf die unterschiedlichen Rechtskulturen gelegt, die die nationalen Regelungen beeinflussen. Kapitel 4 stellt die bisherigen Regelungsansätze auf internationaler Ebene dar, wobei die auf regionaler Ebene verbindliches Recht darstellen, die auf universeller Ebene allerdings im Bereich des soft laws bleiben. Kapitel 5 und 6 stellen die Kernkapitel der Arbeit dar und befassen sich mit Wettbewerbsrecht im Rahmen der WTO. In Kapitel 5 werden bestehende wettbewernsrelevante Regelungen in der WTO dargestellt. Zunächst wird beschrieben, welche staatlichen Maßnahmen, die von der WTO Rechtsordnung erfasst sind, den Wettbewerb beeinflussen. In einem weiteren Schritt wird analysiert, welche WTO Regelungen Staaten verpflichten könnten, privates wettbewerbswidriges Handeln zu regulieren. Da die Regelungen der WTO grundsätzlich Verpflichtungen für Staaten enthalten, wettbewerbsrelevantes Verhalten aber von Unternehmen gesetzt werden, ist es notwendig, einen Zusammenhang zwischen dem Verhalten von Privaten und den staatlichen Verpflichtungen aus dem WTO Recht darzustellen. In Kapitel 6 wird schließlich die Diskussionen in
Book Synopsis Economic Development, Competition Policy, and the World Trade Organization by : Bernard M. Hoekman
Download or read book Economic Development, Competition Policy, and the World Trade Organization written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 2002 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the recent World Trade Organization (WTO) ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition based on explicit consensus on modalities to be agreed at the fifth WTO ministerial meeting in 2003. WTO discussions since 1997 have revealed little support for ambitious multilateral action. Proponents of the WTO antitrust disciplines currently propose an agreement that is limited to "core principles"-nondiscrimination, transparency, and provisions banning "hard core" cartels. The authors argue that an agreement along such lines will create compliance costs for developing countries without addressing the anticompetitive behavior of firms located in foreign jurisdictions. To be unambiguously beneficial to low-income countries, any WTO antitrust disciplines should recognize the capacity constraints that prevail in these economies, make illegal collusive business practices by firms with international operations that raise prices in developing country markets, and require competition authorities in high-income countries to take action against firms located in their jurisdictions to defend the interests of affected developing country consumers. More generally, a case is made that traditional liberalization commitments using existing WTO fora will be the most effective means of lowering prices and increasing access to an expanded variety of goods and services.
Book Synopsis Competition Policy and Intellectual Property in Today's Global Economy by : Robert D. Anderson
Download or read book Competition Policy and Intellectual Property in Today's Global Economy written by Robert D. Anderson and published by Cambridge University Press. This book was released on 2021-08-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.
Book Synopsis The World Trade Organization by : Mitsuo Matsushita
Download or read book The World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
Book Synopsis Trade and Competition Policies Exploring the Ways Forward by : OECD
Download or read book Trade and Competition Policies Exploring the Ways Forward written by OECD and published by OECD Publishing. This book was released on 1999-10-27 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the run-up to the November 1999 WTO Ministerial in Seattle, this conference proceedings explored the various options towards better coherence between trade and competition policies.
Book Synopsis Competition Regulation and Policy at the World Trade Organisation by : Fiona E. Marshall
Download or read book Competition Regulation and Policy at the World Trade Organisation written by Fiona E. Marshall and published by . This book was released on 2008 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Competition Law by : Martyn D. Taylor
Download or read book International Competition Law written by Martyn D. Taylor and published by Cambridge University Press. This book was released on 2006-09-28 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should an international competition agreement be incorporated into the World Trade Organization? Taylor examines this question, arguing that such an agreement would be beneficial. Existing initiatives towards the regulation of cross-border, anti-competitive conduct have clear limitations that could be overcome by an agreement, and the WTO would provide the optimal institutional vehicle for it. At a practical level, Taylor points out, an international competition agreement could address under-regulation and over-regulation in the trade-competition regulatory matrix, realizing substantive benefits to international trade and competition. This book identifies the appropriate content and structure for a plurilateral competition agreement and proposes a draft negotiating text with accompanying commentary, and as such will be an invaluable tool for policy-makers, WTO negotiators, competition and trade lawyers, and international jurists.
Book Synopsis A Competition Policy for the WTO by : Philip Marsden
Download or read book A Competition Policy for the WTO written by Philip Marsden and published by . This book was released on 2003 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyse the market implications of the proposals to impose trade rules on competition law enforcement, and pro-competitive regulation on sectors directly, particularly in telecoms and distribution services. To prevent business practices from restricting trade, governments are considering how best to develop a global framework of competition rules. Formal proposals have been made for Members of the World Trade Organisation to undertake binding commitments to ban cartels, co-operate in international law enforcement and enforce their competition laws in a non-discriminatory manner. Philip Marsden recommends that the discussion and negotiation of competition rules at the WTO focus on the problem that is most relevant to the interaction of trade and competition policy. This is the frequent allegation that competition Authorities are tolerating exclusive business arrangements that appear to exclude competitors, and foreign competitors in particular. This allegation was at the heart of the Kodak/Fuji Film trade case about access to the Japanese market, and also underlies a continuing difference of view among trade and competition Authorities ; particularly on either side of the Atlantic ; about how successful companies should be allowed to be. The Author analyses these differences through a colourful and insightful examination of how the European Commission and the American antitrust Authorities reviewed the Boeing/McDonnell Douglas and GE/ Honeywell mergers.
Book Synopsis Competition Policy and the Global Trading System by : Bernard M. Hoekman
Download or read book Competition Policy and the Global Trading System written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 1997 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Organisation for Economic Co-operation and Development. Joint Group on Trade and Competition Publisher :OECD Publishing ISBN 13 : Total Pages :132 pages Book Rating :4.F/5 ( download)
Book Synopsis Trade and Competition Policies by : Organisation for Economic Co-operation and Development. Joint Group on Trade and Competition
Download or read book Trade and Competition Policies written by Organisation for Economic Co-operation and Development. Joint Group on Trade and Competition and published by OECD Publishing. This book was released on 2001 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication brings together a series of working papers that Member countries' trade and competition authorities have considered during the past two years. They analyse issues at the interface of trade and competition.
Book Synopsis The World Trade Organization by : Mitsuo Matsushita
Download or read book The World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015-10-15 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: first, where free trade is seen to be incompatible with environmental protection and, second, where WTO law confronts legal regimes governing issues of competition and intellectual property.
Book Synopsis Antitrust Enforcement Guidelines for International Operations by : United States. Department of Justice
Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Competition Policy, Developing Countries and the WTO by : Bernard M. Hoekman
Download or read book Competition Policy, Developing Countries and the WTO written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 1999 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing countries have a great interest in pursuing active domestic competition policy but should do so independent of the World Trade Organization -- which they should use to improve market access through further reduction in direct barriers to trade in goods and services.
Book Synopsis Leading Issues in Competition, Regulation, and Development by : Paul Cook
Download or read book Leading Issues in Competition, Regulation, and Development written by Paul Cook and published by Edward Elgar Publishing. This book was released on 2004-01-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The promotion of liberalized and deregulated markets by bilateral and multilateral aid donors, and by global institutions such as the WTO, has led to significant attention being paid to competition and regulatory reforms in developing economies. The process of reform involves the transfer and diffusion of market models derived from practice and theory in developed countries. However, in developing countries, regulation needs to do more than simply promote competitiveness and consumer interests: it also needs to ensure that the market nurtures development. By rigorously examining the numerous impacts of regulation, this book will help to fill a significant gap in the literature on economic and social development. The book, now available in paperback, draws together contributions from leading experts across a range of disciplines including economics, law, politics and governance, public management and business management. The authors begin with an extensive overview of the issues of regulation and competition in developing countries, and carefully illustrate the important themes and concepts involved. Using a variety of country and sector case studies, they move on to focus on the problems of applicability and adaptation that are experienced in the process of transferring best practice policy models from developed to developing countries. The book presents a clear agenda for further empirical research and is notable for its rigorous exploration of the links between theory and practice. Although there is substantial interest in competition and regulation, as yet there has been relatively little investigation of these issues in developing economies. This book redresses the balance and will be a valuable resource for researchers, academics, teachers and students interested in development economics and development studies. It will also be of great relevance for practitioners and policymakers working in the fields of competition policy and regulatory reform.
Book Synopsis Most-favoured-nation Treatment by : United Nations Conference on Trade and Development
Download or read book Most-favoured-nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
Book Synopsis The New World Trade Organization Agreements by : Christopher Arup
Download or read book The New World Trade Organization Agreements written by Christopher Arup and published by Cambridge University Press. This book was released on 2000-08-03 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book assesses the impact of the WTO through the medium of two new multilateral agreements - the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property (TRIPs). It explains how these agreements push trade policies 'behind the border', mediating conflicts between contrasting legalities and negotiating political and cultural, as well as economic, issues. Detailed case studies address topics of global significance: competition between different types of legal services, ownership claims to the genetic codes of plants and animals, and access to the content resources and technical facilities of the on-line media. With the Millennium Trade Round in the balance, the book assesses the WTO's potential to move beyond laissez-faire and provide support for independent and alternative producers, providers and users.
