The International “Unfair Competition” Notion as a Hidden Global Antitrust Standard?
摘要
Across multiple jurisdictions around the world, antitrust law is being discussed as a key instrument for addressing fundamental contemporary societal challenges of a global nature, in particular digitalization and climate change. These current discourses give new pertinence to a “classic” of competition law scholarship: the potential value of correspondingly global antitrust standards. Respective policy deliberations have received extensive attention, but not led to any success beyond the soft law realm. The present article explores the underdeveloped perspective that public international law may contain a hidden global antitrust standard already now, namely the “unfair competition” notion enshrined in Art. 10bis of the Paris Convention for the Protection of Industrial Property. The article investigates the possibilities, needs, and limits of “evolutionary interpretation” of this provision and finds that while antitrust law is certainly not comprised by Art. 10bis in its entirety, it may indeed be so in a variety of overlooked facets.