The Study Of The International Coordination Of Competition Law Under The Framework Of The WTO

Though the "Singapore Issues" including the competition policy issues had been removed from the Doha agenda in 2004, and the international cooperation under the WTO framework in competition law has been stalled for the last six years, the global economy is bringing about cross-border anti-competitive issues, and the negative impacts have been widespreadly concerned, and particularly the recent global financial crisis makes the countries realize the need for multilateral competition rules.We can expect that negotiations under the WTO framework on building an unified multilateral rules on competition will board the international stage once more. In this context, for the perfect anti-monopoly law in China and successful participation in the prospective multilateral negotiations, that thoroughly doing a full study of all aspects of international coordination of competition law, is of important practical significance. In addition to the Preamble and Conclusion, this thesis is composed of five parts:The first part is on the realistic basis of international coordination of competition law under the framework of the WTO. That is, economic globalization has caused a new type of market barriers-cross-border anti-competitive conduct in private and brought the trouble to countries, and the interaction of trade policy and competition policy under the framework of the WTO can promote the international co-ordination of the competition law. Finally, I point out that the most immediate cause is that the extraterritorial application of competition law has brought big negative impacts on the international community.The second part is "the Achievements and Evaluation on the International Coordination of Competition Law outside the Framework of the WTO". Being fully aware of the various deficiencies of the separate regulations on cross-border anti-competitive conducts, some countries began to take the way to cooperate with other countries in all aspects, and had made a great effort. This chapter introduces the development histories about the bilateral, regional and multilateral coordination mechanisms, and summarizes their achievements and shortcomings.The third part describes "the Past and Present" of the international coordination mechanism of the competition law under the framework of the WTO. The view that the WTO is the most appropriate place for multilateral coordination of the competition law has become an international consensu. This chapter amply reviews the history, in the ITO-GATT phase, on the construction of multilateral competition rules by the international community, and summarizes the existing competition rules in the WTO agreements.Finally I introduce the whole development process of the WTO Working Group on Trade and Competition Policy.Part IV is "the Analysis on the Possibility of the International Coordination of Competition Law under the Framework of the WTO". Around the questions "should the competition policy be introduced into the WTO system, and then what mode can be chosen for the negotiations", this chapter makes a detailed analysis of the chief countries'positions, summes up the four of the models widely discussed by the international community, then does their assessments and chooses the best one according to the author's point of view.Basing on the domestic, Part V analyzes "the influences to our country brought about by the international coordination of the competition law under the framework of the WTO". This chapter outlines the status of our anti-trust legislations, and puts forward our response and measures to the future multilateral negotiations.