Competition Law and Development


Book Description

The vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.




Competition Policy and Regional Integration in Developing Countries


Book Description

'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.




Port Development and Competition in East and Southern Africa


Book Description

Port Development and Competition in East and Southern Africa analyzes the 15 main ports in East and Southern Africa (ESA) to assess whether their proposed capacity enhancements are justified by current and projected demand; whether the current port management approaches sufficiently address not only the maritime capacity needs but also other impediments to port efficiency; and what the expected hierarchy of ports in the region will be in the future. The analysis confirms the need to increase maritime capacity, as the overall container demand in the ports in scope is predicted to begin exceeding total current capacity by between 2025 and 2030, while gaps in terms of dry and liquid bulk handling are expected even sooner. However, in the case of many of the ports, the issue of landside access—the ports’ intermodal connectivity, the ease of international border crossing, and the port-city interface—is more important than the need to improve maritime access and capacity. The analysis finds that there is a need to improve the operating efficiency in all of the ESA ports, as they are currently less than half as productive as the most efficient ports in the matched data set of similar ports across the world, in terms of efficiency in container-handling operations. Similarly, there is a need to improve and formalize stakeholder engagement in many of the ports, to introduce modern management systems, and to strengthen the institutional framework to ensure the most efficient use of the infrastructure and to be able to attract private capital and specialist terminal operators. Finally, given the ports’ geographic location and proximity to main shipping routes, available draft, and the ongoing port-and-hinterland development, the book concludes that Durban and Djibouti are the most likely to emerge as the regional hubs in ESA’s future hub-and-spoke system.




Competition Law in Developing Countries


Book Description

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. The author would like to acknowledge the Research Grants Council of Hong Kong for its generous support. The work in this book was fully supported by a grant from the Research Grants Council of Hong Kong (Project No. HKU 742412H).




Competition in Telecommunications


Book Description

The authors analyze regulatory reform and the emergence of competitionin network industries using the state-of-the-art theoretical tools ofindustrial organization, political economy, and the economics ofincentives.




Factional Competition and Political Development in the New World


Book Description

This volume examines how factional competition in ancient New World societies led to the development of chiefdoms, states and empires.




Competition and Growth


Book Description

By systematically confronting theoretical models with econometric data, a leading macroeconomist and microeconomist present a unified and coherent view how and when productivity gains and economic growth are aided or hindered by competition policy.




Regional Competition Law Enforcement in Developing Countries


Book Description

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 Enforcement in the BRICS and in Developing Countries


Book Description

This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.




The Interface of Competition Law, Industrial Policy and Development Concerns


Book Description

This book analyses essential concepts of competition law and industrial policy, and shows where the two areas clash with and complement each other, respectively. The discussion takes place in the context of developing countries, taking into consideration their realities and specific needs. South Africa serves as a real-world example for competition law that goes beyond the notion of consumer welfare. An in-depth analysis of the enforcement of South African law illustrates how the law is used both to combat the negative effects of past industrial policy, and to accommodate current economic and social needs.The book is intended for all readers with an interest in the enforcement of competition law in developing countries. It will particularly benefit those who want to learn about unorthodox approaches that integrate the concept of “public interest” and social imperatives into the application of competition law.