International Dimensions of Competition Law
International Dimensions of Competition Law
International Dimensions of Competition Law
Dimensions of
Competition Law
D R . V . S H Y A M K I S H O R E ,
P R O F E S S O R O F L A W ,
A L L I A N C E S C H O O L O F L A W ,
A L L I A N C E U N I V E R S I T Y
Globalization and Competition Law
• International economic integration on the rise.
• Globalization has increased the number of participants and the potential size of
many markets, while enhancing the potential for economies of scale.
• Genuine competition requires a level playing field where the state is prevented
from unnecessary interference.
• This has resulted in a constant debate about the appropriate level of state
intervention, particularly in areas such as healthcare or pharmaceuticals where
natural monopolies may arise.
• About 140 countries have adopted some form of competition law regime.
• The Ministerial Conference of the WTO held in 1997 in Singapore decided to establish a group to study the
relationship between competition policy and trade with a view towards introducing competition policy
into the WTO
• The WTO Working Group on the Interaction between Trade and Competition Policy, which considered
the case for a more general agreement on competition policy in the WTO, has been inactive since 2004.
• Nonetheless, provisions relating to competition policy are incorporated in the WTO General Agreement
on Tariffs and Trade (GATT); the General Agreement on Trade in Services (GATS); the Agreement on
Trade-Related Intellectual Property Rights (TRIPS Agreement); the Agreement on Trade-Related
Investment Measures (TRIMs Agreement); and other WTO instruments.
• The concept for the ICN originated out of recommendations made by the
International Competition Policy Advisory Committee (ICPAC), a group formed
in 1997to address global antitrust problems in the context of economic
globalization.
• On October 25, 2001, top antitrust officials from 14 jurisdictions launched the ICN
at a meeting in New York City.
• The organization's achievements span many areas, including merger review, anti-
cartel enforcement, unilateral conduct, competition advocacy, and competition
policy implementation.