INTERNATIONAL COMPETITION RESOURCES

Editor's Note: You may click on any of the bulleted items to skip down to the related section, or may scroll to the desired subtopic. Note that most sites are written in the English langauge, or offer an English version to the user. On a few of the sites, however, the materials available in English are quite limited.

Table of Contents

1. Extraterritoriality & Convergence
2. Foreign & International Competition Authorities, Organizations
3. Treaties/Statutes
4. Materials on Specific Regions
5. Materials on Specific Countries
6. Emerging Markets
7. Research on International Issues

Extraterritoriality & Convergence

"Extraterritoriality" is the application of a country's laws to conduct that occurs outside its own territory. The terms "convergence" and "harmonization" are used to describe the process of laws and their enforcement becoming more alike or compatible in various nations. The concepts have become increasingly important to antitrust law.

Antitrust Enforcement Guidelines for International Operations - The U.S. Department of Justice and the Federal Trade Commission jointly issued this enforcement policy statement in 1995. It covers statutes relevant to international trade and conduct, along with issues such as jurisdiction, comity, and sovereign immunity, often giving illustrative examples.

Antitrust Division's International Documents - This page offers links to the Division's most important international antitrust documents, including the text of the International Antitrust Assistance Enforcement Act, and DOJ's Antitrust Cooperation Agreements with several nations.

Wilson Tariff Act - Sections 8 and 9 of Title 15 of the U.S. Code make conspiracies in restraint of the import trade unlawful.

International Antitrust in the 21st Century: Cooperation and Convergence - This speech was given by DOJ's then-incumbent chief antitrust officer, Charles A. James, Assistant AG/Antitrust, on 10/17/01.

The Interface of Competition and Consumer Protection The complementarity of antitrust law with consumer protection (to prevent unfair and deceptive practices and allow a full range of informed choice) is discussed in this speech by Timothy J. Muris, Chairman of the Federal Trade Commission, given in October of 2002. Chairman Muris stresses the need for convergence of consumer protection laws worldwide, similar to the currently evolving antitrust convergence. [30 pp., PDF]

The INCSOC Consumer Movement The International Network of Civil Society Organisations on Competition was launched in Geneva in February, 2003. The Mission of the organization is "to promote and maintain a healthy competition culture around the world by coalition building among civil society [i.e.,private non-profit groups, especially those in the consumer movement] and other interested organisations."

Policy Debate on Globalization and Antitrust Sponsored by South-Western College, this web page briefly outlines the main issues in the debate over whether increased globalization requires the standardization of antitrust laws worldwide. Included are annotated links to numerous substantive resources, offering varying perspectives on the issues.

ICC on Competition This web page from the International Chamber of Commerce offers links to the organization’s policy statements on convergence and best practices in antitrust and international competition policy. Included is the Official Report of the ICC’s 1998 Trade and Competition Policy Forum, which summarizes many of the issues raised by the business community, noting the need to recognize differing economic and cultural objectives, the reluctance of some nations to liberalize sectors considered to be vital, and conflict as to policies and the manner of their enforcement.

The Intra-Enterprise Conspiracy Doctrine and Extraterritoriality In this monograph, written by Bernard Kishoiyian, the author examines the principle of intra-enterprise conspiracy, in the context of the UN’s 1980 Rules for the Control of Restrictive Business Practices, concluding that the principle is legally sound and can be the basis for applying antitrust law extraterritorially.

Antitrust Risks from Wholly Foreign Conduct - This article was written for FindLaw, in 1997, by members of the law firm of Paul, Hastings, Janofsky & Walker LLP, and discusses important caselaw on liability for conduct outside the U.S.

Foreign & International Competition Organizations

UNCTAD's Directory of National Competition Authorities - This web page, hosted by the Competition and Consumer Policies Section of the U.N.Conference on Trade and Development, offers links to the Competition Authorities of some 40 nations. A list of names and addresses is also available for Authorities not yet linked to the World Wide Web.

The International Competition Network - This website has been created to provide antitrust agencies from developed and developing countries with a network for addressing practical antitrust enforcement and policy issues (separate from trade or other regulatory issues).

Included on the ICN website is an extensive compilation of links "to merger-related materials on ICN members' websites. On these linked pages, members have posted materials that may include their current merger legislation, implementing rules and regulations, guidelines, and related materials. Members have also posted responses to a set of questions addressed to all member agencies (the "template") designed to highlight important features of their merger review systems, such as notification thresholds and review periods."

Global Competition Forum - Sponsored by the International Bar Association, the Global Competition Forum calls its website "the world's leading competition law resource." It offers quick access to the latest versions of the world's competition laws, with direct links to national competition authorities and international organizations, as well as articles, speeches, reports and commentary by experts in competition law enforcement, regulation and reform. IBA envisions the website and the Forum as assisting its work with the International Competition Network, by providing "a forum for easy and transparent international dialogue on the shape and direction of the ICN."

Global Antitrust Weekly This weekly periodical from NERA summarizes news about current cases in antitrust and competition policy in Europe, North America and Australia and New Zealand.

CUTS - International Founded in Rajasthan, India, in 1983, the Consumer Unity & Trust Society now engages in research and advocacy, organized through several advocacy and program centers, including:

CITEE: CUTS Centre for International Trade, Economics & Environment, established in 1996, aims to be a high-level global standard institution for research and advocacy on multilateral trade and sustainable development issues.

C-CIER: CUTS Centre for Competition, Investment & Economic Regulation, Jaipur, established in 2003, aims to be a centre of excellence on regulatory issues. The centre has been created to give focused attention to our work on competition, investment and economic regulation.

CART: CUTS Centre for Consumer Action, Research & Training at Jaipur works towards enabling people, especially women and other disadvantaged groups of society, to assert their rights so that they can achieve the right to basic needs and sustainable development through a strong consumer movement.

In September, 2005, CUTS announced a project for the setting up of CUTS Institute for Regulation and Competition (CIRC) at Jaipur. CIRC plans to offer diploma and training courses beginning in the second half of 2006. CIRC would fill a vaccum in training and education on the subjects of commercial diplomacy, economic regulation and competitive policy, and their inter-disciplinary approaches.

International League of Competition Law The website of the "Ligue Internationale du Droit de la Concurrence" [LIDC] contains information (in English, French and German) on the objectives and activities of the League. LIDC works to "promote the principles of fairness and justice in competitive trade," by studying antitrust and unfair competition laws, and their relationsip to eachother and to intellectual property laws, and by issuing reports and proposals for reform. The League publishes Revue Internationale de la Concurrence [RIC], which contains "articles on most recent developments on competition law within the European Union but also in other states where The Ligue is represented through national organisations," and is accessible at no charge in electronic form [ERIC] from the website.

The Competition Law Association is the British Group of LIDC, and it also works to promote the study and discussion of the law and commercial practices affecting competition, both nationally and internationally. At the CLA website, you will find information on the Association's activites and events, plus documents representing the Association's submissions to bodies such as the European Commission, as well as other reports and studies produced by CLA.

Treaties/Statutes

GLIN International Laws & Treaties - Part of the Global Legal Information Network., this Page has links to the Texts of International treaties, and to many Legal Guides for researching and studying international, multinational laws and treaties, and related materials.

Fletcher School Multilaterals Project - Sponsored by the Fletcher School of Law and Diplomacy, the Project makes the texts of multilateral conventions and related instruments available online, listed both chronologically and by subject matter. This link takes you directly to the Trade & Commercial Relations Page.

NAFTA - This page is sponsored by MIT's online newspaper, The Tech, and offers the full text of the North American Free Trade Agreement.

Materials on Specific Regions

Wordwide Competition Organizations: - Links to multilateral and regional competition organizations, compiled by UNCTAD.

APEC (Asian Pacific Economic Cooperation) - Competition Policy and Law Database - Sponsored by the Fair Trade Commission, Chinese Tapei, this website has extensive materials relating to the economies and competition policies and laws in the 18 APEC member states.

European Commission - Competition Directorate-General web site - This site offers access to documentation, cases, reports, etc., for all member states, and comprehensive Competition Links.

EC Citizens Guide to Competition Policy This primer from the Competition Directorate of the European Commission includes discussion of: benefits to consumers; cartels and collusive conduct; abuse of a dominant market position; merger control; investigatory procedures and powers; Liberalisation (introducing competition in monopolistic economic sectors, such as telecommunications, professions); control of State aid to local industry; and the basis of the Commission’s authority to act.

EU Competition Policy and the Consumer This attractive, 30-page guide explains how the European Commission, together with national competition authorities, aims to ensure that there is free and fair competition in the European Union. It explains how they: take action against business practices which restrict competition; examine mergers to see if they reduce competition;open up competition in areas previously controlled by State-run monopolies; vet financial support given to companies by EU national governments; cooperate with other competition authorities around the world.

Glossary of Terms Used in Competition Related Matters Prepared by the EC Directorate-General for Competition, this extensive glossary is meant to serve as an orientation for non-specialists in competition matters.

Best Practices Guidelines for (Merger) Divestiture Commitments (May, 2003).

FTAA: The Free Trade Area of the Americas - "This site contains documents from the process initiated in the 1994 Summit of the Americas to integrate the economies of the Western Hemisphere into a single free trade arrangement." Documents are available setting forth the competition laws adopted by FTAA members, including prohibitions against conspiracies in restraint of trade, monopolization and similar activity.

Organization of American States (OAS) - The Trade Unit page on this OAS website provides access to publications, studies, and technical materials relating to trade policy, economic integration, and efforts to negotiate a Free Trade Area of the Americas (FTAA).

OECD (Organisation for Economic Cooperation and Development) Competition Law and Policy home page - This site offers access to the Competition Law and Policy Journal, numerous reports, and "best-practices roundtables." OECD is the world's premier source of policy analysis and advice to governments on how best to harness market forces in the interests of greater global economic efficiency and prosperity. Bringing together the leaders of the world's major competition, or antitrust, authorities, the Committee is the chief international forum for the regular exchange of views on important competition policy issues.

ETSI Guide to European Competition Law - Written as a Competition Law Compliance Programme for ETSI (the European Telecommunications Standards Institute), this material contains a concise overview of competition laws, focusing especially on matters of interest to an association of competitors engaged in standard-setting. Topics discussed include agreements in restraint of trade (such as price fixing, boycotts and refusals to deal, market allocation, resale price maintenance, restrictions on licensing) and abuses of dominant position (such as pricing abuses, tying clauses, fidelity rebates).

Competition Policy Insights: EU Produced by the economic consultants of NERA, this publication offers commentary on economic issues arising in the context of European competition law cases or policy developments.

Materials on Specific Countries

UNCTAD Links to National Competition Legislation This page has a growing list of links to English versions of laws for the protection of competition in various nations, including Bulgaria, Chile, Indonesia, Israel, Jamaica, Kenya, Lithuania, Malawi, Mexico, New Zealand, Thailand, Turkey, Ukraine, Zambia, Zimbabwe. Additional nations are added frequently.

Canada

Canadian Competition Bureau - This is a very user-friendly site. It has legislation, business and consumer information, and lots of links.

Competition Tribunal of Canada - This specialized court handles competition cases.

McMillan Binch Antitrust Net Links - This is an extensive list of antitrust links to law firms, economists, agencies, legislation in Canada.

Canada-USA Enforcement Agreement - This 1995 treaty involved Enforcement of Competition and Deceptive Marketing Practices Laws.

Canadian Competition Policy Page - A Project of the SFU-UBC Centre for the Study of Government & Business, this site is "devoted to the dissemination of information on competition law and economics in Canada and around the world." The site includes a Merger Simulation page, useful Documents Section, Links, and a News page with articles archived.

TheBizSTOP.com - This site is a full-service Internet portal specializing in Canadian business issues. The Website is built around the elements of a train station, including Routes, offering eleven in-depth business areas, a Newsstand of online Canadian business publications, and the official storage section, Garage, which houses the site's archives, links, and business tools.

Germany

German Antitrust Law - The site is produced by Joachim Rudo, Attorney-at-Law, Berlin, and has English texts of legislation, plus commentary, and links to other English literature on German Antitrust law.

The German Federal Cartel Office

Ireland

CompetitionOnline - Compiled by the Irish business journal, Competition, this site gives the user access to Irish antitrust case law, enforcement guidlines and utility regulatory law.

The Irish Competition Authority

Other Governments

Jersey Competition Regulatory Authority - The JCRA website offers an interesting window on one small goverment's efforts to modernize its regulatory and economic structure, in order to be both "pro-business and pro-competition" while serving consumers. Jersey is the largest island in the English Channel, with a population of 85,000, and has its own government, called the States of Jersey. The website highlights expected reforms of Jersey's telecommunications, postal services and general competition laws. Another perspective can be seen at the Jersey e-business Portal, which offers information and services for persons "considering setting up an offshore e-business in a stable, tax efficient and secure environment."

Emerging Markets

Creating Effective Competition Institutions: Ideas for Transitional Economies Written by Kenneth M. Davidson, an experienced FTC attorney, who served as technical advisor to Indonesia's newly formed competition agency, this article describes both the benefits of competitive economies and the institutional prerequisites (including transparent procedures) for forming a market economy based on competition. 6 Asian Pacific Law & Policy J. 71 (2005)

UNCTAD: Least Developed Countries - This UN project has collected extensive information on LCDs. In addition, a number of Competition Policy issue papers focus on the role of competition in the development process. Papers include:

Merger Control in Developing Countries: Lessons from the Brazilian Experience

Application of Competition Law: Exemptions and Exceptions

Competition Policy in Countries in Transition-Legal Basis and Practical Experience

Can developing economies benefit from WTO negotiations on binding disciplines for hard core cartels?

Research on International Issues

G.U. Guide to Global Antitrust Research Created by the Library of the Georgetown University Law Center, this guide was compiled to assist law students with researching foreign and international antitrust issues. Although some of the advice pertains only to users of the GULC Library, the guide has good general information, and many useful tips and links for researching international antitrust law.

ASIL Guide to Electronic Resources for International Law Sponsored by The American Society of International Law, ERG is a major source for international research on the Net. The Guide is well-organized and its content is updated every six months. Each of ten major "chapters" contains research strategies and advice in the subject area, along with many annotations describing both the content and advantages of the linked materials. The chapter on International Economics Law includes coverage of international trade, antitrust and competition issues. The Introduction to Researching International Law Online is a thorough source for all newcomers to web research.

Wash. U. Resource Guide to International and Comparative Competition Law This useful guide, created by Dora Bertram at the Washington University School of Law Library, concentrates on sources available in the School’s library, but also includes a comprehensive list of U.S. and foreign web sites dealing with antitrust and competition policy.

Guide to Law Online Created by the U.S. Law Library of Congress for the Global Legal Information Network (GLIN), this metasite indexes online resources for legal information worldwide. The index is fairly deep and divided into four primary sections: US, Nations, International and Multinational, and Subjects. The largest of these is the Nations section, which offers links to the constitution; executive, legislative, and judicial branches; legal guides; and general resources for over 200 countries.

On-line casebook on international antitrust and trade law: Spencer Weber Waller, Competition Policy in the Global Economy.

GLIN Abstracts of Laws of Many Nations The basic elements of this database are: (1) full texts of the documents in the official language of the country of origin; (2) summaries or abstracts in English; and (3) thesauri in English and in as many official languages as are represented in the database. The summaries or abstracts are linked electronically to the corresponding full texts. Currently, information can be searched in English using the instructions appearing on the screen.

LoC Multinational Reference Page The Library of Congress presents this extensive list of web resources on foreign and multinational governments and laws (broken down into executive, judiciary, reference and research sources, etc.)

Findlaw International Trade Law Index - This page provides a good source of materials on International trade topics from FindLaw's library, with comprehensive sets of links to many databases and resources, including web links compiled by nation. Another page collects links from U.S. agencies involved with international trade.

The Federation of International Trade Associations FITA provides a comprehensive searchable database of international trade resources on the Internet, with more than 3000 annotated and indexed links. The "Legal Resources for International Business" section contains extensive links to information regarding international law, law firms and treaties and international conventions

CompetitionOnline: Index A project of Competition, a business journal, Competition On Line claims to have the world's "biggest competition, antit-trust and regulatory sites list." The list is huge, but has no search engine and was last updated in 8/99. The site includes Irish case law, enforcement guidlines and regulatory law.

LLRX International Law Guides Compiled by the internet research experts at the Law Library Resource Xchange, this page lists articles in the LLRX archives on a wide array of legal topics relevant to international law, highlighting both resources available and research strategies. Also, the LLRX Comparative and Foreign Law Guides, offer annotated links to LLRX articles covering materials and strategies for legal research on the laws of dozens of specific countries.

International Trade in Agricultural Products: A Research Guide Lee Peoples' guide on researching international agricultural law includes documentation and links on intergovernmental and nongovernmental organizations, treaties and agreements, dispute resolution, customs, tariffs, domestic trade law and policy, and statistics.