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Competition, Development and Regional Integration: In Search of a Competition Law Fit for Developing Countries

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

25 Pages Posted: 17 Feb 2011 Last revised: 8 Oct 2012

Eleanor M. Fox

New York University School of Law

Date Written: October 1, 2012

Abstract

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.

Suggested Citation

Fox, Eleanor M., Competition, Development and Regional Integration: In Search of a Competition Law Fit for Developing Countries (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. Available at SSRN: https://ssrn.com/abstract=1761619 or http://dx.doi.org/10.2139/ssrn.1761619

Eleanor M. Fox (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6171 (Phone)

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