Daha etkin bir uluslararası rekabet için hukuki çerçeve arayışı

Modern business operates in a world that is highly economically integrated, but despite globalisation, law and politics are still organised primarily on the basis of nation-states. Competition law is one form of such regulation. Domestic competition laws are not usually concerned with activity beyond territorial borders unless it has significant domestic effects. This limited territorial approach has created a suitable environment for the anti-competitive practices in an increasingly globalised world in which transactions subsume multiple territorial spaces. More recently, States have sought to negotiate co-operation agreements in relation to competition law matters. While such agreements clearly assist, they do have clear limitations. As a result, international attention has turned to the possibility of negotiating an international agreement on competition law. Historically, the potential for such agreement has been recognised by several initiatives introduced by numerous international organisations. Yet, we still witness that these initiatives towards the regulation of cross-border, anti-competitive conduct have clear limitations. So, in the second part of the thesis, we examine the question if it is possible to improve the current situation in international competition law? As an answer to all these questions we are arguing that a plurilateral competition agreement with the appropriate content and structure for would be beneficial for international trade and competition and the WTO would provide the optimal institutional vehicle for it.