The Second Wave of Latin American Competition Law and Policy

The Second Wave of Latin American Competition Law and Policy
Author: D. Daniel Sokol
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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Latin America as a region has had a somewhat bumpy development in its competition law and policy evolution. Latin America suffered from statist economic policies into the 1990s and lagged behind US, American and East Asian development. Modern competition law development in Latin America began during a period of growth and economic liberalization to exit statist policies. This period was known as the era of the Washington Consensus. In just a few years, the tone within Latin America had changed at the macro-economic level. Populist governments had taken power in Argentina, Brazil, Venezuela, Peru, and elsewhere in a backlash against the Washington Consensus. This backlash extended to competition law and policy. The current era of competition law and policy in Latin America has some clear winners. Those systems that have shown improved results seem to share common attributes. The first is a deeper embrace of economic analysis. A second factor that has improved competition law and policy has been a focus on end consumer related enforcement. The final factor that has changed competition law enforcement effectiveness is that institutional issues that plagued enforcement efforts in the earlier period have been somewhat resolved. As such, the institutional structures of competition enforcement have been recalibrated (and continue to do so) across the region to address the specific needs of the countries in question given their country level institutional backdrops.

Competition Law and Policy Reviews Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru

Competition Law and Policy Reviews Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru
Author: OECD
Publisher: OECD Publishing
Total Pages: 406
Release: 2006-10-20
Genre:
ISBN: 9264015140

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Contains the results of peer reviews of the competition law and policies of Argentina, Brazil, Chile, Mexico, and Argentina.

Latin American Competition Law and Policy:A Policy in Search of Identity

Latin American Competition Law and Policy:A Policy in Search of Identity
Author: Ignacio Leon
Publisher: Springer
Total Pages: 328
Release: 2001-06-22
Genre: Business & Economics
ISBN:

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Thanks to the strategy of `apertura' that has characterized economic policy throughout Latin America since the debt crisis, foreign investment is on the rise and a significant degree of economic stability has been achieved. In the global arena, however, the enormous promise of Latin American trade remains only partially realized, as policy makers in the region struggle to design a `fair' level playing field for encouraging sustained and equitable development, through implementing transparent regulatory business environments across the region. Competition policy has accordingly become a major regulatory issue in both individual Latin American countries and in regional cooperation arrangements. In considering the development of the "second generation" of regulatory policy initiatives implemented in the region, this important book analyzes the role of competition policy in the promotion of successful and sustained economic development. Examples of the vital and diverse aspects of the region's competition policy agenda covered are: comparative assessments of the legal regime of different Latin American countries for dealing with business restrictive practices, including cartels, vertical restraints, market foreclosures and mergers the increasing introduction of competition principles in the promotion of institutional reforms in the promotion of investments and technology, privatization processes, antidumping policy and trade remedies, and the regulation of public utilities the institutional factors influencing the relationship between competition authorities and other regulatory agencie The author combines the legal description of the jurisdictions reviewed with the analytical tools of institutional economics, to give a fully rounded picture of this complex and evolving subject.

Competition Law and Policy in Latin America

Competition Law and Policy in Latin America
Author: Eleanor Fox
Publisher: Bloomsbury Publishing
Total Pages: 522
Release: 2009-08-05
Genre: Law
ISBN: 1847315291

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This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

Competition Law in Latin America

Competition Law in Latin America
Author: Julián Peña
Publisher: Kluwer Law International B.V.
Total Pages: 491
Release: 2022-06-06
Genre: Law
ISBN: 9403537000

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In the past few years, Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is an updated edition of the first book that offered an in-depth analysis of this complex scenario. The first part of the book includes more general chapters written by leading experts on a variety of relevant topics analyzed at a regional level such as the issues emerging with the digital economy and on the special field of the information and communications technology industry, as well as chapters on broad regional trends, on the working of competition law in countries with regulated markets and in the cluster of Central American countries, among others. At the heart of the presentation are nine chapters detailing the competition regimes of the most active national jurisdictions in the region—Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Paraguay, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Topics addressed in the country analysis encompass the following and more: relevant institutions and legislation; cartel investigations; unilateral conduct policies; merger review; international coordination; enforcement; and remedies. Each chapter includes an analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The contributors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in-depth approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where it is going to, in Latin America.

Competition Law and Policy in Latin America

Competition Law and Policy in Latin America
Author: Eleanor M. Fox
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to address anti-competitive conduct effectively. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies and their global competitiveness, and to improving the welfare of domestic consumers. This book provides new region-specific insights into how better to achieve these aims.

Competition Policy, Deregulation, and Modernization in Latin America

Competition Policy, Deregulation, and Modernization in Latin America
Author: Moisés Naím
Publisher: Lynne Rienner Publishers
Total Pages: 306
Release: 1999
Genre: Business & Economics
ISBN: 9781555878184

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Providing one of the first studies to explore the topic, the authors trace the development of competition policy in Latin America, where that policy stands today, and how it may be reconceptualized and deployed as a tool for consolidating the region's economic future."--BOOK JACKET.

Competition Law and Policy in Latin America

Competition Law and Policy in Latin America
Author: Paulo Burnier da Silveira
Publisher: Kluwer Law International B.V.
Total Pages: 410
Release: 2017-04-15
Genre: Law
ISBN: 9041186883

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The Latin American countries, both individually and as a community, are poised to become increasingly important in the international recognition and enforcement of competition law. Recent policy developments in the region are particularly instructive on cross-border mergers and international cartel investigations. Although this book’s focus is on Latin America, its in-depth exploration of areas such as information exchange among competition authorities, compliance, settlements and remedies are of great value and interest to competition lawyers and policymakers worldwide. Including numerous recent cases and best practice indicators, the contributors ̄ competition authority officials, practitioners, academics and economists ̄ cover such topics and issues as the following: • antitrust compliance programs; • competition advocacy; • bid rigging in public procurement; • predatory pricing; • use of indirect evidence in investigations; • shareholders’ damages claims; • relation between antitrust and intellectual property; and • merger control. There are country-specific chapters on particular developments in Argentina, Brazil, Chile, Colombia, Ecuador, El Salvador, Mexico and Paraguay. Highlighting the importance of international competition regulatory cooperation, this insightful book offers both practical guidance and food for thought to lawyers at national competition authorities, corporate counsel, and other competition law practitioners and academics.

Market Entry and Competition Law in Latin America

Market Entry and Competition Law in Latin America
Author: Francisco Eduardo Beneke Avila
Publisher: Springer Nature
Total Pages: 239
Release: 2021-01-13
Genre: Law
ISBN: 3662623471

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This book explores the relationship between market entry analysis in competition law and the study of the determinants of aggregate investment. Macroeconomic and social characteristics, such as widespread corruption, political instability, and low levels of education are associated with lower investment rates. Progress on these indicators on the other hand is also strongly associated with sustained growth and higher investment rates. This book analyzes the interaction between these macro variables and the market-specific analysis typical in antitrust cases. Against this background, representative decisions of four Latin American competition authorities – México, El Salvador, Colombia, and Chile – on unilateral conduct are analyzed, focusing on market power assessment. The analysis shows that there is little to no explicit or implicit consideration of the impact of the macroeconomic environment on market dynamism and therefore on market power. This book also explores the influence that EU and US competition law have in the standards to prove ease of market entry developed by the Latin American authorities. Although most of the Latin American authorities share a lack of reliance on market forces, which is characteristic of EU competition law, this book argues that market entry analysis still needs to be adjusted to fit the socio-economic context that affects investment within the country and the degree to which each particular market is affected. Finally, the book proposes a framework on how the macro characteristics covered can be incorporated into competition law enforcement.