March 1997 The major options for encouraging trade competition and banning anticompetitive practices are unlikely to have much of a downside for developing countries. Those that are most advantageous are likely to be opposed by special interest groups in industrial countries. Starting in the late 1980s, policy makers and academics began increasingly to call for the development of multilateral discipline on anticompetitive practices. Some believe that falling trade barriers must be complemented by antitrust measures to ensure that foreign competition materializes; some believe that without multilateral discipline it would be impossible to limit the use of antidumping and related policies; and some believe that the exercise of market power by global multinationals requires a global code on competition. Efforts to establish multilateral disciplines on competition have resulted only in various codes of conduct, none of them legally enforceable. But prospects for negotiating an agreement improved with the recent decision at the first ministerial meeting of the World Trade Organization (WTO) to establish a working group on the topic. The author evaluates various options from the perspective of developing countries: agreeing to minimum standards for national antitrust laws; expanding the reach of the WTO provision on nullification and impairment to policies that restrict competition; granting the WTO a mandate to advocate competition; and doing nothing. He concludes that developing counties would benefit from and agreement that: - Bans price-fixing and market sharing. - Includes a ban on export cartels. - Initiates a process of replacing antidumping actions with enforcement of domestic competition laws. - Strengthens the WTO s mandate to advocate co nt may be quite difficult, however, as some of these elements will be opposed by various special-interest groups in industrial countries. This paper--a product of the International Trade Division, International Economics Department--draws on an earlier version of a paper presented at the seventh U.S.-Korea Academic Symposium, The Emerging WTO System and Perspectives from Asia, held in Ann Arbor, Michigan, August 28-30, 1996.

Based on a conference of national authorities and leading scholars in antitrust and competition law and policy, the text presents 20 essays which together provide an in-depth assessment of achievements and impasses, as well as a variety of possible ways forward.

At the recent World Trade Organization (WTO) ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition based on explicit consensus on modalities to be agreed at the fifth WTO ministerial meeting in 2003. WTO discussions since 1997 have revealed little support for ambitious multilateral action. Proponents of the WTO antitrust disciplines currently propose an agreement that is limited to "core principles"-nondiscrimination, transparency, and provisions banning "hard core" cartels. The authors argue that an agreement along such lines will create compliance costs for developing countries without addressing the anticompetitive behavior of firms located in foreign jurisdictions. To be unambiguously beneficial to low-income countries, any WTO antitrust disciplines should recognize the capacity constraints that prevail in these economies, make illegal collusive business practices by firms with international operations that raise prices in developing country markets, and require competition authorities in high-income countries to take action against firms located in their jurisdictions to defend the interests of affected developing country consumers. More generally, a case is made that traditional liberalization commitments using existing WTO fora will be the most effective means of lowering prices and increasing access to an expanded variety of goods and services.

The World Trade Organization (WTO) has a role to play in strengthening the global trading system for development, primarily by lowering barriers to trade in goods and services and ensuring that trade rules are useful to Developing countries. But greater international cooperation must complement WTO-based negotiations, in particular, concerted action outside the WTO to enhance the trade capacity of poor countries ("aid for trade").

Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.

Developing countries have a great interest in pursuing active domestic competition policy but should do so independent of the World Trade Organization -- which they should use to improve market access through further reduction in direct barriers to trade in goods and services.