Competition, Development and Regional Integration: In Search of a Competition Law Fit for Developing Countries
Eleanor M. Fox
New York University School of Law
October 1, 2012
Competition Policy and Regional Integration in Developing Countries, Josef Drexl, Mor Bakhoum, Eleanor M. Fox, Michal Gal and David Gerber, eds. (Elgar 2012)
NYU Law and Economics Research Paper No. 11-04
What form of antitrust (competition) law is fitting for regional free trade areas comprised of developing countries? This article explores the question by tackling, first: Are there special characteristics of developing countries indicating their need for a competition law different from emerging international standards, and if so what are these characteristics and what salient focal points provide a framework for law sympathetic with economic development? The article argues that there are such special needs, and it explores models that respond to those needs. It suggests a metric of efficient inclusive development. In any event, the article argues for a voice of developing countries in choosing their model - which could turn out to correspond or not with the formulations of law in the developed world. Blueprint transplants may be fitting; they may not be fitting; they may fit well enough so that developing countries choose not to incur the costs of difference. The key point is knowledgeable choice. Finally, the article explores how a regional setting can make a difference. It can help overcome problems of effectiveness, and harmful exercises of power by the state and vested interests; but it presents new challenges of effectiveness that must be overcome.
Number of Pages in PDF File: 25
Date posted: February 17, 2011 ; Last revised: October 8, 2012
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