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Multilateral Strategy: Instruments Of Hard Law

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Chapter Summary

This chapter reviews instruments of hard law, from the first pioneering attempts to the latest, more elaborated theories, notably the ideas regarding the incorporation of competition rules into the World Trade Organization (WTO) legal framework. It examines the first efforts to introduce multilateral competition rules, namely the Havana Charter and the Draft International Antitrust Code prepared by the Munich Group. The chapter focuses on the origin of the proposal to incorporate competition rules into the WTO. It describes at length the EC (European Community) proposal for a WTO multilateral competition agreement. The chapter explains why the EC proposal was rejected at the Cancun Conference and evaluates the implications of the Cancun fiasco on the prospects of WTO competition rules. It concludes by evaluating whether the creation of a set of international legally binding competition rule for the regulation of transnational mergers is a feasible objective.

Keywords: Cancun Conference; EC (European Community) proposal; hard law; transnational mergers; World Trade Organization (WTO) legal framework; WTO multilateral competition rules



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