Eleanor Fox & Amedeo Arena International Institutions GAL & Competition Workshop New York University School of Law February 4, Design, Mandate, Due Process Norms

International Institutions GAL & Competition Workshop World Trade Organization (Amedeo Arena) OECD UNCTAD ICN (Eleanor Fox)

International Institutions GAL & Competition Workshop WTO - Institutional Design Template models are not applicable Similar to a pure private enforcement model WTO has a tripartite governance structure Ministerial Conferences Secretariat, Councils, Committees, TPRB DSB, AB, Panels

International Institutions GAL & Competition Workshop WTO - Institutional Design (cont’d) Dispute Settlement Procedure: Establishment of the panel Panel stage AB stage Implementation / enforcement

International Institutions GAL & Competition Workshop WTO - Mandate Competition is NOT a core WTO competence BUT: private or hybrid anticompetitive conduct may frustrate trade liberalization goals State trade-restraining acts are usually caught Stronger antitrust provisions have been proposed but not adopted

International Institutions GAL & Competition Workshop WTO - Mandate (con’t) WTO’s antitrust dimension includes: Article XI GATT (ban on import/export restrictions) Article 8.1 TBT (conformity assessment procedures) Article 11.1(b) Safeguards (ban on VERs) Article 40.1 TRIPS (IP licensing conditions) Article VIII GATS (monopoly and exclusive suppliers) Telecoms Annex (access and use obligations) Telecoms Reference Paper (ban on anticompetitive practices, including cartels)

International Institutions GAL & Competition Workshop WTO - Due process norms Sufficient opportunity to be heard Full notice of allegations Reasonable time to prepare Right to appeal

International Institutions GAL & Competition Workshop WTO - Due process norms (cont’d) Independence of decision-makers Allegations of influence by special interest and of discrimination against developing countries Existing rules attempt to address those issues Absence of rules of evidence Lack of sophistication in evaluating and handling evidence No rules on burden of proof, but the AB filled this gap in part

International Institutions GAL & Competition Workshop OECD – Design and Mandate Design International organization of developed nations Secretariat, Committees Competition Committee, Committee Bureau Mandate Research reports, best practices, and guidelines 1995 Recommendation on cooperation on anticompetitive practices 1998 Recommendation on effective action against cartels

International Institutions GAL & Competition Workshop UNCTAD – Design and Mandate Design UN General Assembly Organ, comprised of States Operates through branches, notably the Competition and Consumer Policies Branch (CCPB) Mandate Deals with issues of trade, investment and development CCPB attempts to help developing countries maintain and modernize their competition laws and policies, through updating commentaries on the UN Set on Competition Policy, a Model Law, peer reviews and fora

International Institutions GAL & Competition Workshop ICN – Design and Mandate Design “Virtual” organization, having no secretariat, no geographic location, no rule-making, no adjudicative power Composed of competition authorities, led by a steering group NGOs contribute to working groups Mandate to solve actual competition problems capable of practical solution to provide an informal environment likely to produce convergence of the competition laws of the nations.