World Competition Law: Conflicts, Convergence, Cooperation
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Description
One hundred and thirty nations have enacted competition laws. Increasingly, the acts and transactions that fall within the purview of these laws are in international commerce. Laws are national, but markets do not stop at national borders. Conflicts predictably occur and international dimensions naturally emerge. This chapter describes national and multi-national responses to this phenomenon. Responses include the exercise of jurisdiction over offshore acts, efforts of nations to coordinate and cooperate, and consideration of a possible global framework for global problems. This chapter argues that responses should also take account of special needs of developing countries. The story starts with the adjustment of national law to deal with offshore and international problems. It proceeds to cooperative efforts of nations through bilateral and regional arrangements, the development of consciousness about legal and procedural convergence, and the emergence of international fora for discussion and solutions to transnational problems. The story includes efforts, particularly by the European Union, to obtain a competition competence in the World Trade Organization, and the sidelining of those efforts in the course of trade negotiations. It includes attention to the special needs of developing countries, efforts at coordination by jurisdictions, and better understanding of one another through various organizations and networks including the Organization of Economic Cooperation and Development (OECD), the United Nations Conference on Trade and Development (UNCTAD), and the newest international organization, the International Competition Network (ICN).
Source Publication
Competition Law Today: Concepts, Issues, and the Law in Practice
Source Editors/Authors
Vinod Dhall
Publication Date
2019
Edition
2
Recommended Citation
Fox, Eleanor M., "World Competition Law: Conflicts, Convergence, Cooperation" (2019). Faculty Chapters. 1214.
https://gretchen.law.nyu.edu/fac-chapt/1214
