Lee Hyo-young ‘Applying Competition Policy to Optimise International Trade Rules’ Korea Institute for International Economic Law 17-01

This paper – which can be found here – focuses on the relationship between trade and competition, and particularly on how the (apparently deceased, now revived) Trans-Pacific Partnership (TPP) imposes new rules on State-Owned Enterprises. It is structured as follows: Part II reviews how competition policy has historically figured in trade agreements. It contains an overview of the relationship between competition and international trade rules – in the Havana Charter, GATT and the WTO. This section also discusses how both competition and international trade law share the objective of enhancing economic efficiency and consumer welfare through trade liberalization and open markets. As a result, competition law is important for successful trade liberalisation, and to prevent anticompetitive and collusive conduct between businesses and governments that, from an international trade law perspective, amount to a form of non-tariff barrier that hinders access to markets by foreign competitors. After reviewing the main international trade law treaties, the author concludes that current rules fail…