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The Legal Coordination between Competition Policy and Trade Policy

Author: SongChang
Tutor: LiBing
School: Shanxi University
Course: Economic Law
Keywords: Competition policy Trade policy Conflict Coordination
CLC: D996
Type: Master's thesis
Year: 2008
Downloads: 84
Quote: 0
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Abstract


With the deepening of the process of economic globalization, the increasingly close relationship between competition policy and trade policy are becoming increasingly blurred boundaries between However, due to the intricate relationship between the two is in the process of mutual penetration, both may help each other to achieve their goals, there are likely to interfere with each other to obtain positive results in the ability to both conflict and coordination has become one of the focus of attention of the international community. This article from the competition policy and trade policy relationship start by analyzing both the conflicts and contradictions, demonstration competition policy and trade policy coordination, and processing of our recommendations. This article consists of the following four parts: The first part focuses on the relationship between competition policy and trade policy. Starting from the basic idea of ??the two, the relevance of competition law and policy, as well as the evolution of the trade policy, which demonstrated the difference between competition policy and trade policy, and further illustrate the difference between the the relationship both differ, there consistency, in certain circumstances, there is a certain degree of complementarity. The second part focuses on the conflict between competition policy and trade policy. From the interaction of competition policy and trade policy, on the one hand, due to the different conditions of each country to develop competition policy focused vary, coupled with the implementation of the competition policy conditions or wide or strict, excessive application of competition law exemptions will lead to competition policy to the effect of the anti-trade; On the other side, governments, often for their own economic interests protected trade and take some trade means, such as by means of tariffs, non-tariff, anti-dumping, anti-subsidy, permits, quotas, means such as technical barriers to restrict imports, making trade policy with the anti-competitive effect. The third part of competition policy and trade policy coordination. Start with the principle of the general method of coordination, raised this point of view, that the elimination of trade barriers, adhere to the priority of competition policy, as well as the international coordination of competition policy. And then introduced the WTO efforts made to harmonize the conflict between the two. WTO Trade and Competitiveness Act interactive working group has studied this, but have led to some defects due to the existing WTO rules of competition and the interests of all countries and the coordination of competition policy in the WTO framework there is a big difference for a long time, still need to States for consultation and cooperation. The fourth section describes competition policy and trade policy coordination problems. First, we should establish and improve our competitive legal system to protect the fundamental status of competition law; Secondly, the current relevant laws should be revised, with WTO Rules, more in line with the needs of economic development; Finally, China as one of the developing countries in dealing with issues related to need to take full account of national conditions, from reality, to adhere to their own position and seek a more appropriate and better program on competition policy and trade policy co-ordination problems, in order to maintain the order of competition and to guarantee the smooth progress of trade liberalization.

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