A Study on the Exemption of Export Cartels

• Main Authors: Tai-Teh Chow, 周泰德
• Other Authors: 何之邁
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/74443980974599248427

碩士 === 國立臺北大學 === 法律學系一般生組 === 96 === Although most countries prohibit cartels, there are still some exemptions. Cartels are illegal in principle, unless the cartels are beneficial to the economy as a whole and in the public interest. Most countries permit export cartels relating to foreign markets. Because of expecting to increase exports by enabling domestic enterprises to compete more in foreign markets, exporting countries permit domestic export cartels. In other words, they expect export cartels can reduce export costs and enhance bargaining power against foreign buyers and competitors. However, rising a question, that is to say, whether exempting export cartels can really match the goal which the countries want, or violate the objective of international trade. Export cartels usually restrict competition in foreign markets, so they do not subject to the jurisdiction of competition law of the exporting country. According to “effects principle”, it depends whether the "effects" of anticompetitive activities occur on the domestic market. Only under the principle of effects, national competition law applies to domestic enterprises. Therefore, from the view of competition law, export cartels do not belong to the range of antitrust law when they only affect foreign markets, but from the view of trade law, export cartels may distort trade between countries. The objective of this article is to discuss whether exempting export cartels can promote national exports and whether export cartels can help small and medium-sized firms without individual export ability. In this study, it analyzes export cartels in some ways. First, this article introduces the kinds of export cartels. Under the effects principle, export cartels can distinguish between pure export cartels and mixed export cartels. If exporters come from several countries, it is called international cartels. In addition, there are two different exemptions of export cartels in US and EC. Explicit exemptions are accepted in United States, and implicit exemptions are accepted by European Community. Second, this article examines export cartels through economics analysis. Therefore, it needs to use a lot of economics papers to understand whether the exemptions of export cartels can promote exports or not. Third, this article also introduces US and EC antitrust laws about exempting export cartels. In US, there are three laws relating to exemptions of export cartels: they are Webb-Pomerene Act, Export Trading Company Act, and Foreign Antitrust Improvements Act. In EC, the Article 81 of the European Treaty applies to cartel activities. If export cartels do not affect the trade between Member States, Article 81 will not be applied. Besides, there are not any supervision schemes. This article will discuss which exemption is better between US and EC. Fourth, this article will review the policies about whether exempting export cartels. Finally, aiming the exemptions of export cartels, this study will suggest some ways to cure export cartels, and hopes these discussions and suggestions would have a little help for domestic authorities and academia.