ABSTRACT
This chapter aims to contribute to this debate by arguing that the WTO dispute settlement mechanism should be envisaged as an instrument for imposition of uniform solutions by attempting to forcefully harmonise the regulatory systems of the Member states. The principal aim of competition law, on the other hand, is to safeguard the competitive relations from abusive attempts from firms to influence the market in order to obtain excessive profits. Actually all one needs to do to find an almost perfect fit is to rethink the correct way to attach the existing terminology from competition law to the elements of a non-discrimination case under a covered agreement. The proposal for a new test for analysis of disputes regarding alleged violations of national treatment rests mainly on the SSNIP market definition analysis, developed under competition law. While competition law has always been interested with market power, the traditional approach has been of measuring market shares.
