Karl M. Meessen


The situation is succinctly described by Professor Rahl. There are indeed inconsistencies in competition policy, law, and enforcement. One cartel, tolerated or even endorsed by the exporting state, may fall subject to the verdict of the competition law of the importing state. States do not seem to remember that they adopted the resolution containing the Code on Restrictive Business Practices ("RBP Code") by way of consensus, thereby pledging to take "appropriate action" against restrictive business practices "adversely affecting international trade, particularly that of developing countries ...."