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24 Swiss Rev. Int'l Competition L. 5 (1985)

handle is hein.kluwer/wcl0024 and id is 1 raw text is: Price Competition between Free-Market and State- Controlled Economy Enterprises: The Legacy of the OMC v. Pezetel Litigations Stanislaw SOLTYSINSKI* INTRODUCTION The concept of fair competition in international trade is gaining almost universal acceptance. The need to eliminate restrictive and unfair trade practices, including predatory pricing and price discrimination, is recognized by the over- whelming majority of the U. N. countries. The General Assembly, at its thirty-fifth session, adopted a set of multilaterally agreed principles for the control of restrictive business practices.' The Code, which was accepted by all three regional groups2 participating in the North-South dialogue,condemns inter alia predatory behaviour towards competitors, such as using below-cost pricing to eliminate competitors, (...) and discriminatory (i. e. unjustifiably differentiated) pricing or terms or conditions in the supply or purchase of goods or services (...)-3 Yet, despite the emerging international consensus as to the central thesis, the application of this principle to concrete cases raises serious questions and disputes between trading partner. It is well known that the foundations of domestic statutes devoted to the combatting of price discrimination and predatory pricing in free-market economy countries are questioned by leading economists. But the problem of the legal definition of unfair price practices is far more complicated where the alleged price-cutting or dumping is attributed to a state-controlled economy (SCE) enterprise. In such cases not only are the existing free-market *Professor of Law, University of Poznan Law School; visiting professor, University of Pennsylvania Law School. LLM, Columbia I Resolution 3 5/63 of December 5, 198o, TD/RBP/CONF/ io/Rev. s (s981) hereinafter cited as Restrictive Business Practices Code or RBP Code. 2 The three groups are: the developed countries of the OECD (Group B), the developed countries of the CMEA (Group D), and the developing countries (Group of 77). 3 RBP Code, ch. D/4/a/b Unfair price competition is also condemned under Art. VI of the GATT and in the Antidumping and Countervailing Duties Codes negotiated during the Tokyo Multilateral Trade Negotiations concluded in 1979. See H.R.Doc.No.1 5 3, 96th Cong., ist Sess. 311 (1979). Copyright © 2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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