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.

Competition Law in Developing Countries

Competition Law in Developing Countries
Author: Thomas K. Cheng
Publisher: Oxford University Press
Total Pages: 464
Release: 2020-05-27
Genre: Law
ISBN: 0192607383

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This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries. The book proposes a customized approach to competition law enforcement for developing countries, set against the background of the academic and policy debate concerning convergence of competition law. The implicit premise of convergence is that there may exist one, or a few, correct approaches to competition law enforcement, which in most cases emanate from developed jurisdictions, that are applicable to all. This book rejects this assumption and argues that developing countries ought to tailor competition law enforcement to their own economic and political circumstances. In particular, it suggests how competition law enforcement can better incorporate development concerns without causing undue dilution of its traditional focus on protecting consumer welfare. It proposes ways in which approaches to competition law enforcement need to be adjusted to reflect the special economic characteristics of developing country economies and the more limited enforcement capacity of developing country competition authorities. Finally, it also addresses the long-running debate concerning the desirability and viability of industrial policy for developing countries.

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.

Making Markets Work for Africa

Making Markets Work for Africa
Author: Eleanor M. Fox
Publisher: Oxford University Press, USA
Total Pages: 249
Release: 2019
Genre: Law
ISBN: 0190930993

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This is a book on market law and policy in sub-Saharan Africa. It shows how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and raise the standard of living for their people while preserving their values of inclusive development. It studies particular countries and particular regions, delving deeply into the facts.

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.

Harmonisation of EU Competition Law Enforcement

Harmonisation of EU Competition Law Enforcement
Author: Jurgita Malinauskaite
Publisher: Springer Nature
Total Pages: 280
Release: 2019-11-15
Genre: Law
ISBN: 3030302334

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This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.

Competition Law in the ASEAN Countries

Competition Law in the ASEAN Countries
Author: Ploykaew Porananond
Publisher: Kluwer Law International B.V.
Total Pages: 218
Release: 2018-06-22
Genre: Law
ISBN: 9041191224

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Amongst other regional organisations, the Association of Southeast Asian Nations (ASEAN) stands out for the diversity of its ten Member States, stemming from their respective economic and political heritage, governance systems, legal institutions, stages of economic development, and exposure to or reliance on foreign trade and investments. As of 2017, however, the regional bloc has formalised its focus on economic integration and development of a regional competition law. Challenging this vision are the States’ very different national competition law systems, ongoing problems with governmental intervention in the economy, and lack of effective and efficient corruption-free regulatory and juridical infrastructure. This book, the first detailed analysis of competition law in the ASEAN countries, looks at the prospects of implementation for the regional law and compares the existing systems in each Member State. Opening with a thorough description of the composition and organisation of the ASEAN, the analysis proceeds to an in-depth evaluation of such aspects as the following: – persistence of the ASEAN’s traditional mode of dispute resolution, often referred to as the ASEAN Way; – economic challenges posed by intra-regional growth and globalisation; – the strong relationship between the business and government sectors; and – governmental interventions as cultural practices. There is detailed reference throughout to case law, legislation, institutional announcements, relevant treaties, and literature on both the ASEAN and competition law. As an important critical analysis of this major new regional competition law regime, this book will be welcomed by competition law practitioners, multinational corporation counsel, and jurists, officials, and academics in a variety of legal fields. Although the subject is specifically the ASEAN, the analysis contributes to a better understanding of competition law regimes in developing economies and to the more general literature on global competition law.

Fighting Cross-Border Cartels

Fighting Cross-Border Cartels
Author: Pierre Horna
Publisher: Bloomsbury Publishing
Total Pages: 441
Release: 2020-03-19
Genre: Law
ISBN: 1509933697

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This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.