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The Case Of Export Cartel Exemptions: Between Competition And Protectionism

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  • Florian Becker

Abstract

Most competition laws do not prohibit anticompetitive conduct that affects foreign target markets as long as there is no spill over effect on the home market. The U.S. in particular justifies this leniency towards export cartels by the aim of increasing efficiency in target markets that are suffering from high entrance barriers for importers. Attempts to use the legal regime of the WTO to overcome private restrictions of competition are likely to fail, because of the fundamental differences between trade policy and competition policy. Although a multilateral competition policy would be best suited to challenge export cartels, the current state of the political debate makes it more likely that second-best solutions such as capacity building in lesser developed target states will have to be established.

Suggested Citation

  • Florian Becker, 2007. "The Case Of Export Cartel Exemptions: Between Competition And Protectionism," Journal of Competition Law and Economics, Oxford University Press, vol. 3(1), pages 97-126.
    • Handle: RePEc:oup:jcomle:v:3:y:2007:i:1:p:97-126.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhl024
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