Abuses of Dominance in Developing Countries: A View from the South, with an Eye on Telecoms

The Economic Characteristics of Developing Jurisdictions and Their Implications for Competition Law, M. Gal, J. Drexl, E. Fox, D. Gerber and M. Bakhoum, eds., Edward Elgar Publishers, 2013

17 Pages Posted: 6 Feb 2013 Last revised: 24 Feb 2013

Simon Roberts

Centre for Competition, Regulation & Economic Development (CCRED)

Javier Tapia

Universidad de Chile - Centre for Regulation and Competition

Date Written: February 5, 2013

Abstract

Developing countries in the 'south' typically have a greater prevalence of entrenched dominant firms than economies of the large open economies of the north. This is due to various factors including scale and network economies relative to the size of the local markets, compounded by transport and logistics obstacles, the on-going influence of well-connected business groups and families, as well as the legacy of state support. The chapter takes Chile and South Africa as comparative case studies of how competition authorities have faced up to the challenges of assessing and addressing possible abuses of dominance. These countries have broadly similar economies in terms of the level of development, the importance of resource-based industries, and their relative isolation from other industrial countries. They are also similar in their competition institutions, with investigative bodies and independent specialist tribunals. Notwithstanding differences in the legal provisions, each has sought to apply effects-based tests to firm conduct – although with differences that have impacted on the outcomes. The chapter critically reflects on the record, against local expectations and the international debates, and provides concrete examples of the use of completion law in the telecommunication markets.

Keywords: Antitrust, Competition Law & Policy, Abuses of Dominance, Telecommunications, Chile, South Africa

JEL Classification: K21, L41, L96, P52

Suggested Citation

Roberts, Simon and Tapia, Javier, Abuses of Dominance in Developing Countries: A View from the South, with an Eye on Telecoms (February 5, 2013). The Economic Characteristics of Developing Jurisdictions and Their Implications for Competition Law, M. Gal, J. Drexl, E. Fox, D. Gerber and M. Bakhoum, eds., Edward Elgar Publishers, 2013. Available at SSRN: https://ssrn.com/abstract=2212370

Simon Roberts

Centre for Competition, Regulation & Economic Development (CCRED) ( email )

5 Sturdee Ave
Johannesburg, GP, 2196
South Africa

Javier Tapia (Contact Author)

Universidad de Chile - Centre for Regulation and Competition ( email )

Avda. Santa María 076 Piso 4
Providencia
Santiago
Chile

Paper statistics

Downloads
193
Rank
128,113
Abstract Views
1,180