The Economic Characteristics of Developing Jurisdictions Their Implications for Competition Law

Author: Michal S. Gal
Publisher: Edward Elgar Publishing
ISBN: 9781783471492
Published In: July 2015
Format: Hardback , 416 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these should be placed at the heart of analysis when considering which competition laws are judicious. Through examining different factors that influence the adoption and implementation of competition laws in developing countries, this book illustrates the goals of such laws, the content of the legal rules, and the necessary institutional, political, ideological and legal conditions that must complement such rules. The book integrates development economics with competition law to provide an alternative vision of competition law, concluding that ‘one competition law and policy size’ does not fit ‘all socio-economic contexts'.

The Economic Characteristics of Developing Jurisdictions: Their Implications for Competition Law contributes to the ongoing debate over what type of competition law and policy is most suitable for developing jurisdictions. Concluding that one competition model does not fit all socio-economic contexts, the book frames an alternative vision of competition rules for developing nations.

A number of different factors that influence the implementation of competition law in developing countries are analysed, such as the content and goals of such laws, the institutional features, and the political, ideological and legal conditions that must complement law and policy. Experts in the fields of development economics and competition law discuss the key economic features that characterize most developing jurisdictions, determine how these unique characteristics influence law and policy and define how this must translate into competition law. Through this interdisciplinary exploration, the book illustrates how unique characteristics of developing jurisdictions matter when enforcing competition law.

Scholars interested in development economics and law and development will find this an informative addition to the discussion surrounding competition law in developed and developing countries. Practitioners and policy makers will find practical insight into how traditional approaches to designing competition law must be revised for the future.

Introduction
Mor Bakhoum and Michal S. Gal

PART I THE ECONOMIC CHARACTERISTICS OF DEVELOPING JURISDICTIONS
1. Competition Law and the Economic Characteristics of Developing Countries
Simon Evenett

2. What are the Relevant Features for Assessing Economic Competition in Developing Countries?
Ignacio De Leon

3. Lifting the Veil: Rethinking the Classification of Developing Economies for Competition Law and Policy
Tamar Indig and Michal S. Gal

4. Economic Structure and Competition Policy Application in Latin American countries
Diego Petrecolla, Esteban Greco, Carlos Romero and Juan P. Vila-Martínez

5. Understanding the Economic Factors That Have Affected China’s Anti-Monopoly Law
Pin Ling and Yue QIAO

PART II: SELECT COMPETITION RELATED ISSUES AFFECTING DEVELOPING JURISDICTIONS
6. Competition Issues Affecting the Agricultural Sector in Selected Developing Countries: Key Findings from Selected UNCTAD Market Studies
Ulla Schwager

7. The Informal Economy and its Interface with Competition Law and Policy
Mor Bakhoum

8. Bid Rigging and it’s Interface with Corruption
David Lewis

PART III ECONOMIC CHARACTERISTICS OF DEVELOPING JURISDICTIONS: IMPLICATIONS FOR COMPETITION LAW
9. Generating Instead of Protecting Competition
Oliver Budzinsky and Maryam Beigi

10. Adapting the Role of Economics in Competition Law: A Developing Country Dilemma
David J. Gerber

11. Consumer Welfare and Consumer Harm: Adjusting Competition Law and Policies to the Needs of Developing Jurisdictions
Josef Drexl

12. Drafting Competition Law for Developing Jurisdictions: Learning from Experience
Eleanor Fox and Michal S. Gal

13 Abuses of Dominance in Developing Countries: A View from the South, With an Eye on Telecoms
Javier Tapia and Simon Roberts

Index

Edited by Michal S. Gal, University of Haifa School of Law, Israel, Mor Bakhoum, Max Planck Institute for Innovation and Competition, Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany, Eleanor M. Fox, New York University School of Law, US, and David J. Gerber, Chicago-Kent College of Law, Illinois Institute of Technology, US