Strategies to Achieve a Binding International Agreement on Regulating Cartels
This book addresses the lack of binding multi-lateral international agreement on cartels, through analysis of trials and failures. It also suggests strategic approaches to overcome current standstills. In addition, the book contrasts international agreeme
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Strategies to Achieve a Binding International Agreement on Regulating Cartels Overcoming Doha Standstill
Strategies to Achieve a Binding International Agreement on Regulating Cartels
John Sanghyun Lee
Strategies to Achieve a Binding International Agreement on Regulating Cartels Overcoming Doha Standstill
123
John Sanghyun Lee Global Law Department, College of Law Soongsil University Seoul Korea (Republic of) and Golden Gate University School of Law San Francisco, CA USA
ISBN 978-981-10-2755-0 DOI 10.1007/978-981-10-2756-7
ISBN 978-981-10-2756-7
(eBook)
Library of Congress Control Number: 2016954593 © Springer Nature Singapore Pte Ltd. 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #22-06/08 Gateway East, Singapore 189721, Singapore
Preface
A cartel, restricting competition among suppliers and getting rid of consumers’ welfare, among other things, has been actively regulated mostly by advanced economies. International organizations tried to reach international agreement on competition law and policy, including cartel regulation. In spite of tens of countries in North America and Europe with experiences of serious law enforcement on competition law, such trials have faced hurdles since a multilateral negotiation on Doha Development Agenda (DDA) dropped competition policy from the discussion table in 2003. After dropping the issue, DDA has still produced few, if any, noticeable fruits. A different view between advanced economies and developing countries and its consequential rupture of the discussion are analyzed to be main factors of standstill of DDA. In order to achieve a binding international agreement on cartels, international community needs to focus on hard core cartel (HHC) activities, narrower than its original definition, because most countries agree with the nece
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