Regional Competition Law Agreements

Regional Competition Law Agreements
Author: Michal Gal
Publisher:
Total Pages: 0
Release: 2017
Genre:
ISBN:

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In the past two decades the number of jurisdictions that adopted a competition law has grown exponentially. Yet many of them, most notably developing jurisdictions and small ones, face significant obstacles to efficient enforcement. Indeed, a World Bank study estimated that competition authorities in advanced countries are 40% more effective than their counterparts in developing ones. Many of these problems result from the unilateral enforcement model which currently dominates competition law. This essay argues the regional competition law agreements on joint enforcement and advocacy (RJCAs) hold an important potential to solve many of the enforcement problems that developing and small jurisdictions face and can provide additional benefits that go beyond such solutions. It also argues that the costs involved in such agreements are not prohibitive and many can be overcome by structuring appropriate solutions. Accordingly, RJCAs hold the potential to create Pareto-superior solutions to enforcement problems relative to unilateral enforcement. The essay then broadens the analysis and focuses on the potential effects of RJCAs on non-member states. It is argued that such agreements create much lower negative externalities on non-member states and on international coordination efforts than do regional trade agreements. On the contrary- they often create positive externalities on non-member jurisdictions. Accordingly, they offer an important potential for strengthening competition law enforcement and should generally be encouraged. Finally, it argues that RJCAs generally further the international efforts for coordination and cooperation in competition law. They might even serve to overcome the main obstacle for including anti-cartel provisions in the WTO or in another supranational enforcement body. The analysis is timely, given that the past few years have experienced a wave of regionalism which is not only characterized by an increased dynamism but is also often characterized by more ambitious and deeper levels of integration, taking steps that go beyond information sharing and comity. Not surprisingly, all of the new regional agreements involve developing or small signatories.

Competition Policy and Regional Integration in Developing Countries

Competition Policy and Regional Integration in Developing Countries
Author: Josef Drexl
Publisher: Edward Elgar Publishing
Total Pages: 349
Release: 2012-01-01
Genre: Business & Economics
ISBN: 1781004315

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'This wonderful volume offers a timely and important look at competition policy where it is changing the most – developing countries pursuing regional agreements. It provides superb analytical discussions of the impact of regional competition policy integration, why developing states have pursued this strategy, and the extent to which it is meeting their needs. the editors have assembled a superb roster of experts, so it is not a surprise that the book recommendations are insightful, and deserving of attention from policy makers.' – Andrew Guzman, Berkeley Law School, US This book presents a detailed study of the interface between regional integration and competition policies of selected regional trade agreements (RTAs), and the potential of regional competition laws to help developing countries achieve their development goals. the book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and also help developing countries to fully enjoy the benefits deriving from a regional market. Bringing together analysis from well-known scholars in the developed world with practical insight from scholars in countries hoping to exploit the potential of competition law, this book will appeal to academics working in the field of competition law, practitioners, policy makers and officials from developing countries, as well as those in development organizations such as UNCTAD.

Regional Competition Law Enforcement in Developing Countries

Regional Competition Law Enforcement in Developing Countries
Author: Julia Molestina
Publisher: Springer
Total Pages: 429
Release: 2019-03-06
Genre: Law
ISBN: 3662585251

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The book examines the potential for regional competition law systems as enforcement tools in developing countries, based on a case study of the West African Economic and Monetary Union, the Andean Community and the Caribbean Community. It analyses the allocation of enforcement competences between the regional/supranational and the national level and formulates detailed guidelines on the optimal degree of centralization or decentralization. The book addresses all readers that are interested in the enforcement of competition law in developing countries. Moreover, it provides practical insights for public institutions that wish to identify or prevent possible misallocation of competences within regional competition law systems.

The International Dimension of EU Competition Law and Policy

The International Dimension of EU Competition Law and Policy
Author: Anestis S. Papadopoulos
Publisher: Cambridge University Press
Total Pages:
Release: 2010-10-28
Genre: Law
ISBN: 1139492381

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Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.

Competition Law and Regional Economic Integration

Competition Law and Regional Economic Integration
Author: Damien Geradin
Publisher: World Bank Publications
Total Pages: 110
Release: 2004
Genre: Law
ISBN:

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Dealing with the interface between competition law and economic integration in the context of the Euro-Mediterranean partnership, this study maps out key policy issues that should be addressed for successfully implementing or strengthening competition law regimes in Mediterranean Partner countries. This regional study is prepared by the joint World Bank-European Commission Programme on Private Participation in Mediterranean Infrastructure (PPMI).

Research Handbook on International Competition Law

Research Handbook on International Competition Law
Author: Ariel Ezrachi
Publisher: Edward Elgar Publishing
Total Pages: 615
Release: 2012-01-01
Genre: Law
ISBN: 0857934805

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The Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy. This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features twenty-two contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position. Presenting an overview of the current state of cooperation and convergence as well as a comparative analysis of substance and procedure, this authoritative Handbook will prove an invaluable reference tool for academics, competition officials and practitioners who focus on international competition law.

The Regionalisation of Competition Law and Policy within the ASEAN Economic Community

The Regionalisation of Competition Law and Policy within the ASEAN Economic Community
Author: Burton Ong
Publisher: Cambridge University Press
Total Pages: 409
Release: 2018-03
Genre: Business & Economics
ISBN: 1107197996

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Examines regional competition policy developments in South East Asia, exploring a broad range of related issues from diverse perspectives.

Bellamy & Child

Bellamy & Child
Author: David Bailey
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2018
Genre: Law
ISBN: 9780198794752

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Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.