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1 Wash. U. Global Stud. L. Rev. 463 (2002)
International Cooperation in the Enforcement of Competition Policy

handle is hein.journals/wasglo1 and id is 473 raw text is: INTERNATIONAL COOPERATION IN THE ENFORCEMENT OF COMPETITION POLICY MITSUO MATSUSHITA* I. THE SHRINKING WORLD AND COMPETITION POLICY In the nineteenth century, a German jurist, Rudolf Von Ihering, stated: While the States were fighting one another, trade found out and levelled the roads that lead from one nation to another, and established between them a relation of exchange of goods and ideas .. . In the twenty-first century in which we live, Ihering's statement applies with even more validity than at the time he made it. Transnational activities are expanding at an unprecedented rate and it is expected that this trend will accelerate through the growth of e- commerce and computer networks. It is the nature of business to cut across national boundaries. Private enterprises export, invest, transfer technology, and engage in all sorts of business activities across national boundaries in pursuit of profit. Such activities tend to increase the wealth of trading nations, which was the original objective of the General Agreement on Tariffs and Trade (GATT). Today the international trading system consists of the International Monetary Fund, the World Trade Organization (WTO), the World Bank, the United Nations Conference on Trade and Development (UNCTAD), the Organisation for Economic Cooperation and Development (OECD), and other international institutions that aim to maximize the wealth of nations. At the same time, the nation-state system is still the reality throughout the world, and the legal or regulatory framework to control trade is that of national governments. National objectives and competition law and policy differ from country to country. This may create tension among trading nations, which, in turn, may create instability for enterprises that conduct business across national boundaries. The differences in competition law and policy among major trading nations often create a disparity in competitive conditions, which ultimately may cause the ease or difficulty of accession to the national market of other trading nations to vary. For example, if Country A's competition law * Professor of Law, Seikei University. 1. RUDOLF VON IHERING, LAW AS A MEANS TO AN END 175 (Isaak Husik trans., 1913), quoted in 1 SIDNEY POST SIMPSON & JULIUS STONE, LAW AND SOCIETY 313 (1948).

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