This study flows from fundamentals by describing the raison d'etre of international competition policy: how competition law, interacts with trade policy and why that interaction has become a critical concern that should be addressed in an international cooperative framework. From this observation, this thesis concludes that policy initiatives to establish international substantive competition rules are both desirable and feasible. They are desirable because they would avoid international trade disputes deriving from conflicting implementations of trade and competition policies. They are feasible trough the application of a methodology which balances efficiency, fairness and social objectives. Such a methodology is proposed by the author for the determination of common substantive competition rules. / This set of proposals identifies changes that would be acceptable to most national participants in world trade and classifies trade practices into three categories: First, the trade practices prohibited per se, for which international standards can be reached in a short time; second, the trade practices examined under a rule-of-reason approach for which some common standards seem obtainable only in a mid-term frame given the existing divergent antitrust philosophies; third, international mergers and antidumping laws for which, given the strong industrial policy considerations, international substantive rules are not likely to emerge in the foreseeable future. / Finally, as practical illustration, this thesis explores the long-run potential for replacing anti-competitive aspects of current antidumping laws with more efficient and more equitable competition-policy safeguards. The substitution of the international price discrimination standard commonly applied in antidumping review by the predatory pricing standard favoured under antitrust investigations can be achieved through the introduction of two criteria: determination of the "impact on the domestic economy, as a whole" and calculation of the variable cost standard.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30316 |
| Date | January 1999 |
| Creators | Madiega, Tambiama André. |
| Contributors | Janda, Richard (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001740757, proquestno: MQ64292, Theses scanned by UMI/ProQuest. |
Page generated in 0.0019 seconds