IRPA Working Papers

IRPA Working Paper No 2013/3 by Amedeo Arena

The Role of GAL Standards in Juris-generative Interactions between Global Antitrust Institutions in the light of the Mexico – Telecoms case

 

Abstract

Against the background of the asymmetric mandates of Global Antitrust Institutions (GAIs), this paper explores the potential for juris-generative interactions in the form of legal transplants of antitrust rules and principles from the OECD, the UNCTAD, and the ICN to the WTO through the gateway of dispute settlement. Relying on the WTO panel report in Mexico – Telecoms as a case-study, this work highlights the uneven level of compliance with GAL due process and institutional performance standards by the donors and the recipient of such legal transplants and investigates the optimal conditions for juris-generative interactions between GAIs.

 

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Amedeo Arena is Assistant Professor of European Union Law at the School of Law at the University of Naples “Federico II”.