Studies On WTO Competition Policy And The Position And Countermeasures Of China

Establishing and retaining an effective competition policy guaranteed the normaloperation of market economy. To obtain some competition advantages or evade thepressure of competition, the enterprises are always inclined to restrain the competitionto some extent. Therefore, the state must institute the policy to protect the competition.The object and task of the competition policy is to protect and promote thecompetition and to ensure the effective regulating function of the market competitionand price system. Competition polices are different because of the different situationof the country. Both the competition policy and competition law are to maintain theeffective competition of native market. However, with the globalization of theeconomy, any domestic competition policy will affect the international economy andtrade gravely. Even some restrictive competitions are implemented by an enterprise,will affect the access of foreign product and lead to the conflict of interest of differentcountries. Competition policy is a domestic issue no longer, but an international problem.The common object of competition and the WTO are to promote and maintain freeand exoteric trade system. The task of the WTO is to establish international tradesystem based on freedom and opening. To widen the market access of the USA, shefirstly put forward the competition policy in the WTO. The UN and Japan alsosuggest to discuss the trade and competition policy issue at the Singapore MinisterialConference in 1996. In the same year, " the trade and competition policy mutualworking group" was founded. This organization mainly discussed the topic related thetrade and competition policy that the members advanced, including different kinds ofanti-competition behaviors government and private enterprise implement. After thatgreat progress was made. Therefore, no specific conclusion was drawn about the basicprinciples and frame of the WTO. The trade and competition policy was listedformally in the agenda of new multilateral trade negotiation at Doha MinisterialConference in 2001. It suggested that core principle of competition policy rule andcore cartel and voluntary cooperation mechanism be cleared. At the same time,cooperation with United Nations Conferences on Trade and Development (UNCTAD)and other international organizations, according to technique backing to helpdeveloping members to strengthen their competition institution. This article surveys the types of anti-competition including cartel, abuse ofdominant positions, state support and enterprise merger and acquisition etc. On thebackground of economic globalization, competition policy must turn it's attentionfrom domestic constraint instance to foreign cross-influence and consider the trend ofinternationalization. Difference of every county's competition policy directly lead tothe different legal system when the states institute the competition law. Manyconstraint action are made by transnational corporations. These actions are related tomany country's jurisdiction under the regulation of different country's legal system.Even if some restraints are implemented by a private enterprise, will affect the accessof foreign product and promote the conflict of interest. Conflict of competition policyis inclined to became much more drastic. This article introduces the internationalinfluential factors, ie, monopolization and exclusive management is the premise oftransnational corporation's foreign direct investment, anti-dumping internationalreplacement, forming of cross-border technique union etc. Due to the consistency ofWTO's tenet and the aim of competition policy, competition policy is listed into theWTO. This article discusses the relationship between the competition policy andinternational trade and analyzes the bilateral and multilateral cooperation, introducesthe standpoints of the members of WTO especially the European Union, USA, Japan,Canada and other developing countries. At...