The Relevant Market in International Economic Law
A Comparative Antitrust and GATT Analysis

An in-depth analysis of 'product likeness' in GATT law – the key concept for the application of the non-discrimination principle.

Christian A. Melischek (Author)

9781107031524, Cambridge University Press

Hardback, published 29 November 2012

401 pages, 3 b/w illus. 1 table
23.5 x 15.5 x 2.6 cm, 0.72 kg

This book provides what international trade law has hitherto lacked: a coherent analysis of 'product likeness' under Article III of the GATT. Christian A. Melischek develops an economic approach to the interpretation of 'like' products on the basis of a comparative analysis with antitrust theories on market definition. Not only does he propose a specific substantive economic test to render the notion of product likeness operational, but he also examines the institutional and procedural frameworks for expert economic evidence necessary to implement an economic approach to the interpretation of product likeness. On a methodological level, the book adds a new interdisciplinary dimension to the legal debate by exploring the use of quantitative and econometric methods for the implementation of the proposed economic test.

Introduction
1. The research question and scope of the study
2. Practical relevance of the research question
3. Methodology and structure
Part I. Comparison of Antitrust and International Trade Law: 4. Emphasizing differences or commonalities?
5. Antitrust law
6. WTO/GATT law
7. Congruence in efficiency and welfare standards
Part II. The Role of Market Definition: 8. Antitrust law
9. Article III of the GATT
10. Conclusion
Part III. Analytical Evolution from the Traditional to the Economic Approach: 11. The traditional formalistic approach
12. The economic approach
13. Assessment of the analytical evolution
14. Conclusion
Part IV. Conceptualizing an Economic Approach to Market Definition: 15. Introduction
16. Market definition framework: a matter of treaty interpretation
17. The content of a marketplace-test
18. Potential competition
19. The relevant 'market' concept
20. The role of the traditional criteria
21. Making sense of the different Article III prohibitions
22. Conclusion
Part V. The Implementation of an Economic Approach: Quantitative Methods: 23. Introduction
24. The law and economics of expert economic testimony
25. Analysis of price elasticities of demand.

Subject Areas: Competition law / Antitrust law [LNCH], International economic & trade law [LBBM], Law [L], International trade [KCLT]