Cross- border Competition Law beyond the EU
(2007)Department of Law
- Abstract
- The EU has faced the problem of international competition through three different methods. The first method has been through bilateral agreements, the second is through multilateral agreements, and in absence of these two, the effects doctrine Bilateral agreements on competition are can be very effective but only in a limited sphere between adhering countries, so although they have helped they have been unable to solve the problem on a larger scale. There are two multilateral forums that deal with international competition issues the International Competition Network (ICN) and the WTO. The ICN was created in a deliberate effort to globalize competition policy and WTO deals with trade related issues but might be a potential frame for the... (More)
- The EU has faced the problem of international competition through three different methods. The first method has been through bilateral agreements, the second is through multilateral agreements, and in absence of these two, the effects doctrine Bilateral agreements on competition are can be very effective but only in a limited sphere between adhering countries, so although they have helped they have been unable to solve the problem on a larger scale. There are two multilateral forums that deal with international competition issues the International Competition Network (ICN) and the WTO. The ICN was created in a deliberate effort to globalize competition policy and WTO deals with trade related issues but might be a potential frame for the development of international competition rules. International competition policy has one mayor problem this is enforcement. Some difficulties for adequate enforcement are the need to exchange of information between competition authorities and obtaining effective remedies. Given the fact that markets are increasingly globalized. It is important to find international solutions to these problems. EU Competition law can be applied indirectly outside the EU when countries have adopted a similar legislation. This has been the case in many Latin American countries, specially those who are part of the OECD Chile has been a pioneer in competition policy within Latin America&semic its legislation follows EU in many ways. However, there are still many problems that must be addressed in order to increase legal certainty. Nevertheless, the situation has improved and one can only expect that in time through collaboration between different enforcement agencies these differences will tend to disappear. E-.commerce is caught by competition laws, there is no doubt about this, however there are certain difficulties or differences as to how to apply art 81 (1) and 82 the main difficulty being determining the relevant market. Sales can take place without the product having to enter ''fiscally'' to the EU. By general principle, the competent authority will be that of the country where the undertaking is legally based, the effects doctrine has extended the scope of EU competition however&semic the law is unenforceable without the collaboration of third countries. The enforcement problem is the main reason why agreements and harmonization are necessary and important. An area that needs harmonization both in Chilean law and e- commerce are market definitions. Finally, there has been a spill over effect of EU competition law in third countries and international competition policy is gaining more and more importance. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1555198
- author
- Ringeling, Camila
- supervisor
- organization
- year
- 2007
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- European Affairs
- language
- English
- id
- 1555198
- date added to LUP
- 2010-03-08 15:23:02
- date last changed
- 2010-03-08 15:23:02
@misc{1555198,
abstract = {{The EU has faced the problem of international competition through three different methods. The first method has been through bilateral agreements, the second is through multilateral agreements, and in absence of these two, the effects doctrine Bilateral agreements on competition are can be very effective but only in a limited sphere between adhering countries, so although they have helped they have been unable to solve the problem on a larger scale. There are two multilateral forums that deal with international competition issues the International Competition Network (ICN) and the WTO. The ICN was created in a deliberate effort to globalize competition policy and WTO deals with trade related issues but might be a potential frame for the development of international competition rules. International competition policy has one mayor problem this is enforcement. Some difficulties for adequate enforcement are the need to exchange of information between competition authorities and obtaining effective remedies. Given the fact that markets are increasingly globalized. It is important to find international solutions to these problems. EU Competition law can be applied indirectly outside the EU when countries have adopted a similar legislation. This has been the case in many Latin American countries, specially those who are part of the OECD Chile has been a pioneer in competition policy within Latin America&semic its legislation follows EU in many ways. However, there are still many problems that must be addressed in order to increase legal certainty. Nevertheless, the situation has improved and one can only expect that in time through collaboration between different enforcement agencies these differences will tend to disappear. E-.commerce is caught by competition laws, there is no doubt about this, however there are certain difficulties or differences as to how to apply art 81 (1) and 82 the main difficulty being determining the relevant market. Sales can take place without the product having to enter ''fiscally'' to the EU. By general principle, the competent authority will be that of the country where the undertaking is legally based, the effects doctrine has extended the scope of EU competition however&semic the law is unenforceable without the collaboration of third countries. The enforcement problem is the main reason why agreements and harmonization are necessary and important. An area that needs harmonization both in Chilean law and e- commerce are market definitions. Finally, there has been a spill over effect of EU competition law in third countries and international competition policy is gaining more and more importance.}},
author = {{Ringeling, Camila}},
language = {{eng}},
note = {{Student Paper}},
title = {{Cross- border Competition Law beyond the EU}},
year = {{2007}},
}