The Role of the WTO in Competition Law

This essay argues why, although an international competition policy may throw up certain benefits, the WTO is not an appropriate forum for such a globally binding competition policy. Given the complexity in dealing with multiple competition regimes in an increasingly globalised world of international mergers and cross border dealings, a unified competition agreement among nations may throw up certain benefits. The WTO agreements such as GATT 1994, TRIPs and GATS contain a variety of provisions can be applied to anti-competitive practices. But even though there are benefits to an international competition agreement, there are some glaring reasons as to why the WTO as a forum is not suited to effect such agreement. The WTO being a trade-related forum, is more likely to favour a trade-centric solution to disputes, which may be less than favourable from a competition law viewpoint. The WTO’s non-discrimination principles may also come in conflict with regional competition agreements. These reasons raise serious questions on the appropriateness of having the WTO harmonizing international competition policies