D1 Article in a professional journal

Export Cartels and The Case for Global Welfare




AuthorsMichael Ristaniemi

PublisherThe Interdisciplinary Centre for Competition Law and Policy (ICC)

Publication year2017

JournalGlobal Antitrust Review

Journal acronymGAR

Issue10

First page 173

Last page199

Number of pages27

Web address http://www.icc.qmul.ac.uk/gar/

Self-archived copy’s web addresshttp://research.utu.fi/converis/portal/Publication/28959157


Abstract

Export cartels are generally exempted from domestic competition laws. The status quo causes inefficiencies and unnecessary friction in various markets around the world. As such, their treatment represents a gap in international antitrust. Despite several attempts, multilaterally agreed restrictions on export cartels elude the international community for a number of reasons, such as market access demands and protecting ‘national champions’. This essay examines trade friction occurring in the form of export cartels: what are they, are they problematic, and whom do they affect most? It explores the challenges that have prevented deeper international cooperation to address export cartels by building on prior legal discourse, in order to identify those issues on which a resolution hinges. The essay concludes by proposing both substantive resolutions as well as appropriate facilitators for negotiations and enforcers of a resolution. 


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