Congressional Judiciary Committee Leaders Push for Strong Competition Chapters in NAFTA, Other Trade Deals
Top Republicans on the Senate and House Judiciary committees called on Attorney General Jeff Sessions and Acting Federal Trade Commission (FTC) Chairman Maureen Ohlhausen to work to include competition chapters in all U.S. trade agreements, and to work with the Office of the U.S. Trade Representative in creating a “model” competition chapter. In a July 28 letter to Sessions and Ohlhausen, Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, and House Judiciary Committee Chairman Bob Goodlatte, R-Va., said the inclusion of such chapters in trade agreements is increasingly important, “given the proliferation of antitrust agencies around the world.” NAFTA renegotiations also present an opportunity for “even more robust competition commitments,” as the U.S., Canada and Mexico have a relatively close alignment on competition policy, the chairman said.
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A strong NAFTA competition chapter would set a precedent for future trade agreements and help send a clear message to jurisdictions that lack procedural and due process safeguards, Grassley and Goodlatte wrote. “It is critical that the United States demonstrate strong leadership in this area and set a global standard through its trade negotiations to promote nondiscriminatory and transparent antitrust proceedings that are grounded in economic analysis in support of consumer welfare and conducted in a manner that provides procedural fairness and due process,” the letter says. U.S. companies should be guaranteed the same high standard of procedural rights before a foreign antitrust agency that foreign firms enjoy before the Justice Department and FTC, the chairmen wrote.