This chapter seeks to explain the Trans-Pacific Partnership (TPP) Agreement’s Competition Policy Chapter by providing negotiating context and background. The context is important as Chapter 16 needs to be understood as a Chapter to an agreement of twenty-nine other Chapters. It is also important to understand that it is a Chapter negotiated between twelve economies in the Asia-Pacific with varying competition law and stages of policy development. The chapter will then step-through the Chapter 16 provisions, and outline how the TPP competition policy achieves competition law convergence through upholding fundamental WTO principles of non-discrimination and transparency. It also considers the likely impact of the TPP Competition Policy Chapter on world and regional trade policy-making and rules, regardless of whether the TPP enters into force in the near future. Whilst the TPP contains other new and novel provisions that seek to enhance competition in the region, this chapter focuses on Chapter 16.

This chapter examines the relevant international law framework. Particular focus is given to the provisions of international intellectual property law, notably the TRIPS Agreement. The notion of minimum standards embedded in TRIPS is examined, with particular attention given to those aspects of the minimum standards impacting on the interoperability standard-setting landscape. The general lack of corresponding maximum standards is noted. Key flexibilities embedded in TRIPS are then discussed. The chapter then examines other provisions of international economic law with potential to address concerns associated with access to interoperability standards and SEIP: the WTO Agreement on Technical Barriers to Trade (TBT Agreement), the WTO Telecommunications Agreement (notably the GATS Telecommunications Annex and Reference Paper) and the WTO Informational Technology Agreement; international dimensions of competition law are also considered. The chapter concludes that there is no international agreement that is presently well-suited to address concerns associated with access to interoperability standards and SEIP.