Abuse of market dominance, relevant market and some patent-related abusive activities are analyzed in this study by looking at the EU and China's comparable competition experiences, in order to strengthen competition execution in developing countries. Regarding the relevant market structure, three types of markets are discussed, which include the product market, technology market and geographic market. The study finds that the EU’s approach is constitutional and precedent-centred, whereas the Chinese approach is policy-oriented and aggressive, with reference to market dominance and the relevant market. Three abusive behaviours that are related to patent exploitation are examined, which are Patent Thickets and Defensive Patenting, Tying and Bundling of Patents and Abuse of Standard Essential Patents (FRAND violations). Similar to EU nations like Germany and France, China's current IP-related legal system is based on civil law. It is observed that Article 102 of the Treaty on the Functioning of the European Union (TFEU) and Article 17 of China's Anti-Monopoly Law deal with the prohibition regarding the abuse of dominant position. In accordance with the legal study of the EU's competition law and China's antimonopoly law, this paper makes detailed proposals for developing countries’ competition guidelines, antitrust enforcement, and competition law reforms.
The trade dispute between China and the US has brought new problems for international trade law, mainly regarding travel restrictions as a potential tool for the economy. Although trade disputes have usually focused on tariffs and barriers to market access, travel restrictions, such as restrictions on visa access or travel advisories, have emerged as an important form of economic diplomacy. This article discusses how travel restrictions create challenges for the current international laws, particularly the General Agreement on Trade in Services (GATS), which covers areas like tourism, education, and business travel. The main objective of this research is to explore the application of national security exceptions under the General Agreement on Trade in Services (GATS) to travel restrictions. The study introduces the Proportional Security-Trade Integration Model (PSTIM) as a framework for balancing national security concerns with trade. Using case studies, the PSTIM assesses the legal and economic implications of US visa restrictions on Chinese students and China’s travel advisory restrictions. The results reveal the economic impacts, such as the US education sector is estimated to experience a $15 billion to $20 billion loss of revenue each year due to decreasing enrolment of Chinese students, and the tourism between the US and China has an estimated loss between $25 billion to $28 billion due to travel restrictions. The results further confirm the evidence of how travel restrictions fundamentally contradict the key principles of GATS, especially market access and non-discrimination. The research advocates for a restructuring of the WTO security exceptions to limit their misuse, which is currently becoming more prevalent, resulting in expanding the meaning of the original purpose of the exceptions. The research emphasizes the need for a balance between national security and trade. The research presents policy reforms such as a Security-Trade Advisory Committee established by the WTO specifically to be used for ensuring national security measures are balanced, transparent, and assessed based on evidence. This study contributes to academic scholarship and provides practical proposals for policymakers concerned about preserving a fair and rules-based international trading system.
The rise of digital trade has significantly transformed global commerce, enabling businesses to leverage digital technologies for enhanced efficiency, market access, and international competitiveness. In the Asia Pacific region, SMEs play a vital economic role but often face barriers such as limited resources, digital readiness gaps, and regulatory complexities. This study aims to explore the digital trade transformation of SMEs in the Asia Pacific region using the Technology-Organization-Environment (TOE) framework. This study uses the TOE framework to comprehensively analyze technological, organizational, and environmental factors shaping SMEs' digital trade transformation. It effectively captures the interplay of internal capabilities and external conditions, offering insights aligned with Asia Pacific's diverse digital landscapes. A literature review was conducted, utilizing databases such as Google Scholar, JSTOR, ScienceDirect, and SpringerLink. Inclusion criteria focused on peer-reviewed studies published within the last decade addressing SMEs, digital trade, and the Asia Pacific region. Thematic coding and content analysis were employed to synthesize findings and categorize them within the TOE framework. The study revealed that technological advancements, organizational readiness, and supportive environmental factors are critical for SMEs’ digital trade success. However, disparities in regulatory environments and digital infrastructure across countries pose challenges. The alignment of SMEs' practices with WTO e-commerce agreements is vital for fostering global competitiveness. This research provides a comprehensive understanding of digital trade transformation for SMEs in the Asia Pacific region. Integrating the TOE framework with international trade rules, offers actionable insights for policymakers and businesses to enhance SME digital readiness and competitiveness.
This study explores the role of digital technology on the relationship between strategic orientation and international trade performance, focusing on construction enterprises in Guangdong Province under the WTO framework. While market orientation, innovation orientation, and learning orientation are key drivers of trade success, digital transformation significantly enhances their impact by streamlining operations, improving regulatory compliance, and optimizing supply chains. However, slow adoption of digital tools due to financial constraints, cybersecurity concerns, and inconsistent WTO digital trade policies pose challenges for construction firms. The research utilizes a Systematic Literature Review following PRISMA to integrate findings from twenty peer-reviewed investigations regarding digital transformation along with strategic orientation in the construction trade. This study integrates the theoretical underpinning of the resource-based View (RBV) and Dynamic Capabilities Theory (DCT) to explain how digital resources serve as strategic assets and dynamic enablers of trade performance. The systematic literature findings suggest that harmonized digital trade regulations and industry-wide digital adoption initiatives are necessary to improve global competitiveness. Future research should explore longitudinal studies and sector-specific digital policy frameworks to enhance the technological adaptability of construction enterprises in international trade.
The General Agreement on Trade in Services (GATS) has created major changes to global service sector liberalization by including the sports service industry within its scope. The sports service industry refers to those responsible for the administration and delivery of a multiplicity of services concerning professional and amateur sport, including event handling, athlete preparation, dissemination, arena management, and overseas service within the entertainment and economic arena. Understanding the impact of GATS commitments on sports services is important as the sports industry plays a significant role in the global development of the economy, methods of trade liberalization, and cross-border services facilitation. Currently, scholars lack extensive research on how the sports service sector meets GATS commitments through WTO compliance and policy implementation procedures. The study of this research gap is pertinent to helping establish export policies for sports services that suit their unique attributes. The study brings to the fore new findings concerning the diverse implementation of GATS by WTO countries and the differences between the global policy expectations and the local regulations. The author seeks to eliminate this research gap through an examination of GATS regulations alongside sports services industries to study the domestic policy management and WTO compliance issues experienced by countries. A qualitative approach consisting of a systematic literature review (SLR) serves as the methodology to analyze academic and policy-oriented documents used for this study. The outcomes reveal that the minimal sports services sector liberalization within GATS principles and struggles between trade mandates versus local policy guidelines along with varying GATS commitment follow-up by WTO members. The results demonstrate the necessity for governments to develop specialized policies that integrate both worldwide market liberalization practices and sports services sector characteristics when pursuing international obligations and domestic priorities.
