Exportkartellausnahmen in einer globalen Handelsordnung

Competition laws do not prohibit anticompetitive conduct that targets export markets. Export cartels are exempted in different ways from the coverage of (supra-)national competition laws.

This study examines the legal framework of export cartel exemptions in the EU and the USA from a comparative law perspective and illustrates with case studies the impacts of such exemptions on markets and market players. The study questions further whether the exemption of export cartels from (supra) national competition regimes is compatible with WTO law. Subsequently, the previously proposed solutions are analysed before a possible solution under the umbrella of the WTO is developed.