International Conflict And Coordination Of Competition Rules

The unified rules of competition have not yet achieved after several twists and turns in the WTO.The regulation of competition order in the process of global market integration has become an international problem.The breakneck expansion of cross-border M&A and the unordered growth of international cartel are damaging global allocation efficiency,and becoming a resistance of global competitive order.Economic globalization has created a breeding ground for the extraterritorial application of national competition law.Meanwhile,the normalization of extraterritorial application has become a stumbling block to economic globalization.A country’s law enforcement alone tends to protect their own interests,and extraterritorial application of competition law grants privileges to hegemonic states.The selective enforcement of laws resulted by extraterritorial application may bring more political and diplomatic disputes.Jurisdictional conflicts,power games among states,diversity of intrinsic value of competition law and uncertainty of economic theory increase the difficulty of global coordination of competition law and assist people in reflecting on international competition law.Under the background of urgent reform of the multilateral trade system,it is necessary and imperative to construct a set of effective international competition rules.The development of economic integration requires matching global governance capabilities,and the demand for fair competition value in the reconstruction of global economic and trade order has significantly increased.The shutdown of the WTO Appellate Body makes the prospects for the reform of the multilateral trading system more uncertain and unpredictable.At the same time,regional institutional arrangements have become the main platform for global governance and international negotiations.The new generation of regional institutional arrangements has made innovations and breakthroughs in the scope of regulation,regulation methods,and participating subjects.The deadlock in multilateral trade negotiations has gradually transformed the regional trade system from an exception arrangement to a normal arrangement.The restructuring of international competition rules is rapidly carried out in regional trade agreements.Convergence and commitment as the two paths of international coordination of competition rules have formed a mutually reinforcing effect.Trade system and competition system are not two static and unaltered structures in the process of economic integration.On the contrary,in response to internal and external pressures,they usually have interactions,conflicts and dislocations with the operation of practice.The coordination of international competition rules needs to be integrated in the international trade system.Analysis of conflicts between the two systems in practice and reveals the deep reasons of contribute to coordination of competition policy among countries and establishment of regional competition rules.Coordination the conflicts of global competition rules and building a set of competition rules that work harmoniously with the existing international trade system cannot be accomplish in an action.It is necessary to adopt gradualist model according to the degree of regional integration.These conflicts are value conflicts rooted in the multilateral trade system and competition rules,and are also reflected in the practical conflicts of competition law and anti-dumping measures,competition neutrality and countervailing measures.Understanding the conflicts between the two systems in value and practice and revealing the underlying reasons for the conflict is conducive to the international coordination of competition norms and the establishment of regional competition rules.Competition law and anti-dumping law have conflicts and overlaps in regulating low-price sales.In international agreements,the two rules also face the challenges of coordination and unification.Competition law and anti-dumping law have intertwined connections and conflicts in terms of normative content,applicable conditions,target value,and historical evolution.The task of breaking through their own dilemmas is difficult to accomplish in isolation and requires integration and coordination in international trade agreements.In regional trade agreements,institutional arrangements need to be used to resolve and coordinate the value and practice conflicts between the two systems.Incorporating competition rules into regional trade agreements is helpful for coordination between different legal systems,and different systems can be used as a whole to optimize arrangements.This is in line with the trend of globalization and economic integration,and it also effectively compensates for the existing WTO multilateral defects in the trading system.Coordinating the conflicts of global competition rules and constructing a set of competition rules that work in harmony with the existing international trade system cannot be achieved overnight.It is necessary to adopt a gradual model according to the degree of regional integration.The coordination of competition rules in the same region should be a dynamic development process.As the degree of integration in the region deepens,the coordination mechanism of competition rules will also be updated and iterated.The coordination of competition rules in the arrangement of regional trade systems is a dynamic and gradual process,which must be considered in a comprehensive manner in consideration of various factors such as the economic development level of the countries in the region and the degree of competition culture advocacy.At the same time,the unification of competition rules in the region will in turn promote the deepening of the integration process,and the development of horizontal rules in the region will break the stagnation of the existing multilateral trading system.The competition law itself is gradually clarified in the continuous interpretation of abstract and broad provisions.The uncertainty and policy orientation of competition rules determine that the analytical framework in the regional trade system arrangement should take into account flexibility and stability.The dispute resolution mode of competition rules in regional trade agreements should be adapted to the degree of market integration,and alternative dispute resolution such as arbitration can be used as a transitional plan from a political mode to a judicial mode.The gradual coordination model of international competition rules mainly determines its analysis methods,regulatory models,dispute resolution methods and other supporting mechanisms embedded in it through the degree of regional market integration.The international coordination of competition rules is highly consistent with the concept of China’s reform.The coordination of competition rules in the coordination of regional trade systems can promote the construction of China’s domestic high-standard market system,strengthen the basic position of competition policy,and deepen the reform of state-owned enterprises.China should play a leading role in promoting the convergence of global competition laws and actively participate in the reconstruction of global economic and trade rules and the integration of global competition rules.At the same time,China should be cautious of the competitive neutrality theory proposed by the United States and Europe.A series of new rules(commercial consideration principles,market distortion principles and market-oriented principles)under the support of this theory may become another policy tools to restrict China’s export trade after the “non-market economy status”.