Minnesota Journal of Global Trade
Because private exclusionary arrangements can potentially effectively neutralize the market-opening efforts undertaken by governments, they have long been the subject of international concern.1 Manifestations of this concern extend back to 1948 when delegates to the Havana Conference approved a set of provisions directed against cartels and restrictive business practices. Periodically, government officials and others have focused upon the question of whether restrictive agreements among private business firms may impede trade. As a host of international agreements have progressively eliminated or have placed limits on government-erected trade barriers, attention has increasingly focused upon privately-erected barriers, i.e., those resulting from cartel-like exclusionary activities of private business firms.
Daniel J. Gifford, The Draft International Antitrust Code Proposed at Munich: Good Intentions Gone Awry, 6 Minn. J. Global Trade 1 (1996), available at http://scholarship.law.umn.edu/faculty_articles/322.