ABSTRACT

The need to reconsider international regulation over economic transactions inevitably uncovers significant problems stemming from the particular nature and importance attached by policy makers to these regulations. The international economic order, like any other economic order, emerges from the consensus of its participants. This is frequently ignored by policy makers, who assume that public policy goals may be set and reached independently from the will of those affected by the rules. This chapter explores the problems in the light of the challenges arising from the proposed international regulation of competition through antitrust rules. It examines the proposals aimed to replace current anti-dumping legislation by antitrust rules and their likely effects on international commerce, and therefore examines the rationality behind these rules, as well as their intellectual origins. The chapter proposes an alternative approach, in the light of the insufficiencies of public policy to promote competition.