Monopolization in Developing Countries

20 Pages Posted: 10 Oct 2013  

Alberto Heimler

Government of the Italian Republic (Italy) - National School of Administration

Kirtikumar Mehta

University of Fribourg

Date Written: October 3, 2013

Abstract

In developing countries, legal provisions that prohibit abusive behavior often have a wider application than in the EU or in the US. China ‘s law is also concerned with abuse of administrative power, Russia’s law overstresses unequal contracts conditions, India’s law takes over the idea of “unfair” pricing and often considers leveraging an abuse. These wider in scope provisions are meant to discipline dominant firms that are strong and connected. However also an independent enforcer is necessary. Independence may be strengthened by introducing binding presumptions for opening a proceeding. The chapter ends with enforcement examples from China, India , Russia, South Africa and a number of other developing countries from Africa and Latin America.

Keywords: exploitative and exclusionary abuse, market share presumptions, effects based approach, developing countries, defences

Suggested Citation

Heimler, Alberto and Mehta, Kirtikumar, Monopolization in Developing Countries (October 3, 2013). Available at SSRN: https://ssrn.com/abstract=2335653 or http://dx.doi.org/10.2139/ssrn.2335653

Alberto Heimler (Contact Author)

Government of the Italian Republic (Italy) - National School of Administration ( email )

Via dei Robilant
11 - 00135 Rome
Italy
+3906 33565348 (Phone)

Kirti Mehta

University of Fribourg ( email )

Avenue de l'Europe 20
CH-1700 Fribourg
Switzerland

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