Improving International Competition Order An Institutional Approach

This book offers guidelines for the upcoming discussions on reform, representing an attempt to work out conceptions for a better international competition order on the basis of the scientific approach 'law and economics'. It presents the dominant concepts

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Christian A. Conrad

Improving International Competition Order

Improving International Competition Order An Institutional Approach

Christian A. Conrad

© Christian A. Conrad 2005 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published in 2005 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world. PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-1-349-52486-0 ISBN 978-0-230-00596-9 (eBook) DOI 10.1057/9780230005969 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Conrad, Christian, 1966– Improving international competition order: an institutional approach / by Christian Conrad. p. cm. Includes bibliographical references and index. 1. Competition, International. 2. Competition – Government policy. 3. International economic relations. 4. Globalization. I. Title. HF1414.C6645 2005 338.6⬘048—dc22 2004051337 10 9 8 7 6 5 4 3 2 1 14 13 12 11 10 09 08 07 06 05

Contents List of Abbreviations

vii

Introduction: On the Way to an International Competition Order

1

1 The Theory of Competition Policy: an International Synthesis

5

The role of competition in national and international economic systems The ordoliberalist concept of Walter Eucken The workability concept of industrial organization and the German conception of functional competition: the pessimists The concept of free competition, the Chicago School, the Austrian School and the theory of contestable markets: the competition optimists Evaluation Newer developments A concept of a new neo-ordoliberalism as an economic ideal for an international system of competition regulations

2 Distortions in Competition: Dumping and Anti-Dumping Measures The attractiveness of anti-dumping measures, or why anti-dumping measures are so popular Dumping and anti-dumping measures from a competition and allocation perspective

3 A Possible Wa