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Developing Countries and International Competition Law and Policy

Warwick School of Law Research Paper No. 2009/11

INTERNATIONAL LAW, ECONOMIC GLOBALIZATION AND DEVELOPMENT, Julio Faundez, Celine Tan, eds., Edward Elgar, 2010

37 Pages Posted: 17 Dec 2009  

Kathryn McMahon

University of Warwick - School of Law

Date Written: December 14, 2009

Abstract

The breakdown in the negotiations for the adoption of multilateral competition rules through the WTO in 2003 is most commonly attributed to the opposition voiced by developing and least-developed countries who were suspicious of attempts to facilitate market access and permit possible interference with their domestic industrial policy. It is not always evident however that such a regime would have been counter to their interests. Greater efforts to co-ordinate the detection and elimination of global cartels, for example, would have been highly beneficial to developing countries where these cartels have a disproportionate impact. This paper will examine some of these issues within the context of the utility of global and domestic competition law and policy for developing and least-developed countries. While developing countries may have been right to question the overall benefits of a multilateral scheme, the enactment of a domestic competition law, which is mindful of the contextual issues at stake in these economies, may make an important contribution to economic development.

Keywords: Competition Law, multilateral competition rules, developing countries, economic development

Suggested Citation

McMahon, Kathryn, Developing Countries and International Competition Law and Policy (December 14, 2009). Warwick School of Law Research Paper No. 2009/11. Available at SSRN: https://ssrn.com/abstract=1523143 or http://dx.doi.org/10.2139/ssrn.1523143

Kathryn McMahon (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
024765 28399 (Phone)
024765 24105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/mcmahon

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