世贸组织框架下反补贴制度与竞争政策的协调

On Coordination between WTO Countervailing System and Competition Policy

针对世贸组织反补贴制度与竞争政策的冲突问题,笔者认为,在目前竞争法尚未建立起有效的国际协调机制的情况下,协调世贸组织反补贴制度与竞争政策的冲突的最佳途径是,将竞争法的有关原则融入到反补贴制度中,消除其中反竞争或限制竞争的条款,使反补贴制度能更多的考虑到竞争的需要,加强它们积极的一面,使它们尽可能地相互一致和相互促进。

In view of the conflict problem between WTO countervailing system and competition policy,the author holds that coordination between them should be done step by step,that is,to regard putting the relevant principles of competition law into the countervailing system as the best means when the effective international countervailing system on the competition law not having been bulit at present,to make the countervailing system meet the competition requirements more and more through eliminating the clauses on anti-competition or restricted competition,and to promote the harmonious relations between WTO countervailing system and competition policy by strengthening their positive factors.