ROLES OF POSSIBLE DISPUTE MEDIATION MECHANISMS AND ALTERNATIVE ARRANGEMENTS, INCLUDING VOLUNTARY PEER REVIEWS, IN COMPETITION LAW AND POLICY
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2004
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en
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Abstract
It appears to be generally accepted that it would not be appropriate to fully apply binding dispute settlement in connection with any possible multilateral framework on competition policy. The present study therefore examines other possible methods of preventing or resolving disputes, including the possible roles, in the context of international cooperation on competition policy, of voluntary peer review; consultations on issues, cases, or relating to the implementation of agreements; and diplomatic methods of dispute settlement such as conciliation, mediation and good offices It finds that (i) peer review is not merely a compliance mechanism, but may also be aimed at policy advice, encouraging policy coordination and cooperation, gathering and dissemination of information and best practice
models, and providing technical assistance and aid; (ii) there is a variety of types of
consultations provisions, but they are currently little used in the multilateral context to tackle specific issues; and (iii) good offices, mediation or conciliation are currently not used in this area.