The Legal Coordination Between Competition Policy And Trade Policy

With the further development of global economy, the relationship between competition policy and trade policy becomes close day by day, and the boundary each other is increasingly somewhat vague as well. However, the conflict and harmony of both sides have been a focus of what international community pays attention to, as their relation is very complicated. That is, it is likely not only to help realize their own goal, but also to interfere to have the ability to achieve the positive fruits each other in the process of mutual infiltration. On the basis of the relationship between competition policy and trade policy, the paper is designed to prove a mode of coordination of competition policy with trade policy and put forward proposal for dealing with the problems concerning China by analyzing their conflict and contradiction and the present development of competition policy under the framework of WTO. It's made up of 4 parts:The first part focuses on analyzing the relationship between competition and trade policy. From their basic concepts, the connection between competition law and competition, and the evolutional development of trade policy are analyzed so that the distinction and connection between competition policy and trade policy is able to be proved, which means that it is further demonstrated that diversity as well as agreement exists in their relationship, especially to some extent, there still exists the complementary under the certain circumstance.The second part mainly argues the conflict between competition and trade policy from their mutual influence. On the one hand, the emphasis formulating competition policy is also different since national countries are varied. In addition, the implementation of competition policy is either broad or strict, and the exemption of competition law is excessively adopted. The above-mentioned leads to the effects of anti-trade existing in the competition policy. On the other hand, every country often secure its trade for its own economic benefits and resorts to such trade methods as tariffs, non-tariff, anti-dumping, countervailing, licensing, quota, technology barrier to restrict import, so that the effects of anti-trade happen in the competition policy.The third part explores coordination manners between competition and trade policy. In the first place, it analyzes harmonious modes and poses the point of view of the whole paper in principle, which eliminates trade barrier, and insists on the priority of competition policy and carries out international coordination. Secondly, it introduces that the international community has made every effort to coordinate the conflict of two parties. Working group on the interaction between competition and trade policy has investigated it, but the fact that the existing competition rules have some drawback and every country has its own benefits results in great divergences over a long period of time about how to coordinate for competition policy under the framework of WTO, so the consult and the cooperation with every country are still required.The forth part publishes some reflection on the coordination between competition and trade policy of China. Obviously, the system of competition law of China should be established and made perfect to guarantees the place of competition law basically. Then, the current related laws of China should be revised in order to conform to the rules of WTO, and meet the needs of economic development. Finally, China, as one member of the developing countries, is required to consider proceed from actual conditions sufficiently the condition of a country, and proceed from actual conditions persist in the position itself while coping with related problems. China should create more suitable and better plans about the coordination between competition and trade policy in order to uphold competition orders and assures the implementation of trade liberalization.