This article explores the relation of trade and competition law and shows various competition law-related issues with a consideration of the sustainable development principles and Non-Trade Concerns (NTCs). Over the past two decades there have been several anti-globalization movements . These movements criticize the current system of international trade because is not taking into account developing countries needs and sustainable development. Sustainable development and other important societal values such as environmental protection require a cooperation and partnership to address and eventually tackle climate change and solve environmental risks towards sustainable development. Deregulation of international trade is an important part of globalization. International trade is bringing also economic competition amongst the members of the WTO. Every entity stands by itself trying to maximize their profit through free trade, free markets and liberalism principles without limiting rules, barriers to trade and monopolies. However, liberalist globalization resulted in profit-driven multinational organizations having excessive power and therefore it show the need of monitoring and controlling by outside authorities (state, international agreements, international organizations). In order to support environmental protection and investment into sustainable development in products and services, financial assistance, incentives and state aids have been implemented across the globe. Approach towards state aid varies between the developed and developing world. On the international level, the WTO sets the framework for subsidies . Even though, competition law is not covered by the WTO framework, WTO still has to face problems of un-fair competition arising from international trade. With the growing commercial penetration of developing countries in the markets of developed countries some problems related to competition arise. The developed economies blame the emerging ones of facilitating forms of unfair competition, predatory pricing and dumping without respect for international laws concerning socio-economic rights. Developing countries argue the abundance of labour force as production factor ensures higher productivity and therefore results in their comparative advantage in production and lower costs. These concerns regarding competition distortion through price reduction are covered by the Anti-Dumping Agreement of the WTO and by the Agreement on Subsidies and Countervailing Measures (ASCM). Since the sustainable development and the environment are specific areas of societal interest, they need to be assessed in a adequate and balanced way taking into account all factors – sustainable development, environmental protection and climate change when determining whether there has been a distortion of competition.
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