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 Law and Policy in the Middle East


Book Description

Competition Law and Policy in the Middle East examines and critically analyses the development and role of competition law and policy in one of the most interesting regions of the world. The importance of the Middle East within the global political and economic arenas gives this book huge international significance and interest. The book will prove useful to a variety of audiences around the world: to the competition law specialists, to the students of the subject, to policy-makers and politicians in the Middle East and to those whose work deals with law and economics and who wish to know more about competition law and policy in this special part of the world.




Global Competition Policy


Book Description

There is growing consensus among international trade negotiators and policymakers that a prime area for future multilateral discussion is competition policy. Competition policy includes antitrust policy (including merger regulation and control) but is often extended to include international trade measures and other policies that affect the structure, conduct, and performance of individual industries. This study includes country studies of competition policy in Western Europe, North America, and the Far East (with a focus on Japan) in the light of increasingly globalized activities of business firms. Areas where there are major differences in philosophy, policy, or practice are identified, with emphasis on those differences that could lead to economic costs and international friction. Alternatives for eliminating these costs and frictions are discussed, including unilateral policy changes, bilateral or multilateral harmonization of policies, and creation of new international regimes to supplement or replace national or regional regimes.




Competition and the State


Book Description

Competition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law and policy in the financial sector. This book, the third 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.




Making Markets Work for Africa


Book Description

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.




The MENA Region: a great power competition


Book Description

The volume deals with competition among regional and external players for the redistribution of power and international status in the Middle East and North Africa, with a focus on Russia’s renewed role and the implications for US interests. Over the last few years, a crisis of legitimacy has beset the liberal international order. In this context, the configuration of regional orders has come into question, as in the extreme case of the current collapse in the Middle East. The idea of a “Russian resurgence” in the Middle East set against a perceived American withdrawal has captured the attention of policymakers and scholars alike, warranting further examination. This volume, a joint publication by ISPI and the Atlantic Council, gathers analysis on Washington’s and Moscow’s policy choices in the MENA region and develops case studies of the two powers’ engagament in the countries beset by major crises.




International and Comparative Competition Law


Book Description

This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between US and EU systems. Taking examples from regions such as Africa, the Middle East and Asia, Maher M. Dabbah looks at the law and policy in developing countries and at a regional level, the internationalisation of competition law and the doctrines of extraterritoriality, bilateral cooperation and multilateral cooperation as well as the relationship between competition and trade policy. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy. It is written in a language and style which make such a complex topic both possible to understand and enjoyable.




Competition Law and Policy Reviews The Role of Guidelines in Fostering Competition Policy in Tunisia


Book Description

This report builds on the recommendations of the 2022 OECD Peer Review of Competition Law and Policy in Tunisia. It presents an overview of how to develop competition law guidelines across four areas (merger control, pecuniary penalties, leniency programmes and compliance programmes) and includes a comparative analysis of selected jurisdictions, with the view of assisting Tunisian authorities to develop their own guidelines.




Privilege-Resistant Policies in the Middle East and North Africa


Book Description

Renewing the social contract, one of the pillars of the new World Bank Group strategy for the Middle East and North Africa, requires a new development model built on greater trust; openness, transparency, inclusive and accountable service delivery; and a stronger private sector that can create jobs and opportunities for the youth of the region. Recent analytic work trying to explain weak job creation and insufficient private sector dynamism in the region point to formal and informal barriers to entry and competition. These barriers privilege a few (often unproductive) incumbents who enjoy a competition-edge due to their connections or ability to influence policy making and delivery. Policy recommendations to date in the field of governance for private sector policymaking have been too general and too removed from concrete, actionable policy outcomes. This report proposes -for the first time- to fill this policy and operational gap by answering the following question: What good governance features should be instilled in the design of economic policies and institutions to help shield them from capture, discretion and arbitrary implementation? The report proposes an innovative conceptual and measurement framework that encapsulates the governance features that could shield policies from capture, discretion and arbitrary enforcement that limits competition. The report offers a menu of operational and technical entry-points to enhance privilege-resistant policy making in a concrete way, that is politically tractable in different country contexts.




The Global Limits of Competition Law


Book Description

Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.