The emergence of a WTO antitrust jurisprudence through cross-fertilisation from other international antitrust regimes: the case for procedural fairness as a necessary precondition

Against the background of the asymmetric distribution of powers in antitrust matters among the WTO, the OECD, the UNCTAD, and the ICN, this presentation explores the potential for the development of a WTO antitrust jurisprudence through legal transplants of antitrust substantive rules from the OECD, the UNCTAD, and the ICN. In view of the uneven compliance with procedural fairness standards by those antitrust regimes, this presentation argues that adherence to those standards should be regarded as a necessary precondition for the development of a WTO antitrust jurisprudence through cross-fertilisation from other international antitrust regimes.