International Antitrust Law & Policy: Fordham Corporate Law 1997 - Hardcover
International Antitrust Law & Policy: Fordham Corporate Law 1997 - PDF
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Chapter 2
INTERNATIONAL COOPERATION
IN THE FIELD OF COMPETITION:
A VIEW FROM THE EC
Karel van MiertH
I. INTRODUCTION
It is again a pleasure to be here at Fordham with an opportunity to offer a
European perspective on international cooperation in antitrust matters.
Nowadays cooperation between competition authorities in different parts of
the world is a necessity. In the past antitrust enforcers have been able to
prosper in the splendid isolation of their respective jurisdictions. This time
has come to an end.
There is no need to come back to the general effects of globalization
extensively. A lot has been said on this issue. What I would like to point to is
the impact of globalization on the policies carried out by governments. Firms
with multinational activities are forced to adapt to the emerging world
markets. Decisions taken by industry headquarters can change the
competitive environment overnight. Strategic moves by major players are felt
all over the world and have consequences for the final consumer, for business
partners, competitors and employees. Competition concerns raised by their
conduct or by their transactions transcend national borders.
H. Commissioner, EC Commission, Brussels.
Take for instance international cartels, export cartels, mergers on a world
scale and abuses of dominance on several major markets. Firms involved are
subject to different competition rules with different criteria for taking
decisions, different procedures and different time limits. Action in some
countries against anticompetitive practices may be less rigorous than in
others. This may have foreclosure effects in some markets and result in trade
friction. Trade disputes undermine the positive results of efforts deployed in
multilateral fora to open up international trade. Furthermore, antitrust
Commissioner, EC Commission, Brussels.