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4 - Is there a sufficient basis for an international competition agreement?

Published online by Cambridge University Press:  17 July 2009

Martyn D. Taylor
Affiliation:
Mallesons Stephen Jaques
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Summary

APEC economies have long recognised the strategic importance of developing competition principles to support the strengthening of markets to assure and sustain growth in the region.

(Asia Pacific Economic Co-operation, Shanghai, 2001)

Following from the conclusion in Chapter 3 of this book that an international competition agreement is desirable, Chapter 4 considers whether there is a sufficient basis for an international competition agreement.

Chapter 4 identifies whether there is sufficient commonality between the competition laws of a sample group of nations which otherwise exhibit considerable diversity, namely the 21 nations of the Asia Pacific Economic Co-operation (‘APEC’). By analysing the extent of convergence of the competition laws of these APEC nations, Chapter 4 seeks to identify common themes upon which an international competition agreement could be based. Chapter 4 also seeks to distil a set of commonly accepted principles that may provide the basis for any international competition agreement and makes a number of preliminary recommendations for the content of such an agreement.

Chapter 4 concludes that, notwithstanding such diversity, there is sufficient commonality among nations to provide a basis for an international competition agreement.

Competition laws within the Asia-Pacific Economic Community

APEC as a proxy for the international community

In order to identify whether there is a sufficient basis for an international competition agreement, it is necessary to consider the extent to which the existing domestic competition laws of different nations are similar or dissimilar.

Type
Chapter
Information
International Competition Law
A New Dimension for the WTO?
, pp. 71 - 105
Publisher: Cambridge University Press
Print publication year: 2006

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