In the short term, a broad agreement on a competition policy code within the WTO has only limited possibilities. Regardless of the short-term difficulties, however, the issues raised were too important to dismiss and the momentum created by the establishment and work of the WTO working group should be built upon. While the goal of reaching an agreement is always desirable, it may be necessary to take a long-term perspective to achieve the goal of a realistic TRAMS both in terms of expectations and in relation to the final outcome. h. it involves the provision of “vertical” distribution services to a manufacturer). However, given the competitive relationship between the two parties in the upstream manufacturing market, it will be considered a horizontal agreement. Therefore, even “vertical” agreements between competitors will, in most cases, be considered horizontal cooperation. In the TBT Code, Article 3.4 provides that members shall not encourage private organisations to discriminate against foreign products with regard to testing and certification, contrary to the principle of seizure. When a Member engages in such conduct, it is a violation of the Agreement. According to the laissez-faire doctrine, anti-cartel legislation is considered unnecessary, as competition is seen as a dynamic long-term process in which companies compete for a dominant position. In some markets, a company may successfully dominate, but it is due to superior skills or innovation.
However, according to laissez-faire theorists, it creates profitable competitive opportunities for others by trying to raise prices to take advantage of its monopoly position. It begins a process of creative destruction that undermines the monopoly….