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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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International Competition Law: A New Dimension for the WTO?

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ISBN13: 9780521863896
ISBN: 0521863899
Published: September 2006
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £93.00
Paperback edition , ISBN13 9780521102278

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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, realising 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.

  • Makes extensive use of diagrams to: explain key aspects of the underlying economic theory; summarise important features of legal instruments and procedures; and identify the key features and appropriate ranking of potential policy solutions
  • Each chapter establishes a proposition, presenting the analysis in a step-by-step way: this allows the reader to follow the key issues and arguments easily
  • A draft negotiating text with commentary is included as an Appendix, allowing readers to apply and gain further insight into the concepts identified in the text using a practical, 'real-life' example

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    1. Introduction
    2. Is competition law beneficial?
    3. Is an international competition agreement desirable?
    4. Is there sufficient basis for an international competition agreement?
    5. Have existing cross-border initiatives proved sufficient?
    6. Would the WTO provide a suitable institutional vehicle?
    7. Would a WTO competition agreement promote international trade?
    8. Would competition regulation of trade promote competition?
    9. Should competition principles be introduced into anti-dumping law? 10. Optimal objectives and principles for a WTO competition agreement
    11. What is the optimal content for a WTO competition agreement?
    12. What is the optimal structure for a WTO competition agreement?
    13. Would a WTO competition agreement be politically achievable?
    14. Conclusion: A plurilateral agreement should be incorporated into the WTO
    Appendix: Draft negotiating text for a plurilateral WTO competition agreement.