11 - Competition and trade policy

Summary

This chapter is concerned with a specific and highly important topic, namely the relationship between competition policy and trade policy. This topic assumes particular significance in the context of the present book as well as any discussion or debate on the international dimension of competition law and policy. Among the issues which will be examined in this chapter are: the aims and objectives of these policies; the differences between them; the similarities or even complementarities between them; and the lessons one may learn from each of these policies individually which may be helpful in particular for the purposes of developing competition law and policy internationally. One of the major issues which will be examined in the chapter is that of market access, which is found at the heart of the phenomenon of hindrances – of different types – that may impede the ability of foreign firms to enter the domestic markets of countries. The issue of market access and hindrances to it are therefore of primary importance when discussing the relationship between the two policies: it provides a ‘meeting’ or ‘linkage’ point between competition and trade policy. The chapter will specifically address the possible approaches currently available under competition and trade policy which can be used to address market access concerns involving anticompetitive behaviour of private firms, mainly hybrid hindrances, which in addition – as we saw in the previous chapter – have a public involvement.