Analysis of Statements Made in Favour of and Against the Adoption of Competition Law in Developing and Transition Economies

Halle Institut für Wirtschaftsforschung, Sonderheft 2005/1

69 Pages Posted: 20 Oct 2013

See all articles by Frank Emmert

Frank Emmert

Indiana University Robert H. McKinney School of Law

Franz Kronthaler

Halle Institute for Economic Research

Johannes Florian Stephan

IWH, Halle Institute for Economic Research

Date Written: June 1, 2005

Abstract

The paper is concerned with documenting and assessing statements made by policymakers, opinion formers, and other stakeholders in favour and against the adoption of competition laws with particular reference to transition and developing countries which have not yet enacted these kind of laws. For example, claims that competition enforcement might reduce the inflow of foreign direct investment, or that other policies are successfully used as substitutes for competition law, are assessed. In a first step, the method of generalized analysis structures the list of statements around core issues of common features to make them accessible to further interpretation and assessment. The paper shows that some claims are in fact country or region specific, and specific to the development level of the respective countries. In a second step, the core issues are assessed according to economic and legal criteria. Since the analysis focuses on transition and developing countries, the criteria for economic assessment are predominantly economic growth and development issues, but also include the economic coherency of a set of claims submitted by stakeholders in a given country. The criteria for legal assessment include whether claims are problematic in light of WTO-principles, or are even born out of a political objective which is incompatible with the spirit, if not the letter of WTO-rules.

Keywords: development and transition countries, competition law, antitrust law

JEL Classification: K20, K21, L40, L50, O20

Suggested Citation

Emmert, Frank and Kronthaler, Franz and Stephan, Johannes Florian, Analysis of Statements Made in Favour of and Against the Adoption of Competition Law in Developing and Transition Economies (June 1, 2005). Halle Institut für Wirtschaftsforschung, Sonderheft 2005/1. Available at SSRN: https://ssrn.com/abstract=2341766

Frank Emmert (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

Inlow Hall IN 335
530 West New York Street
Indianapolis, IN 46202
United States

Franz Kronthaler

Halle Institute for Economic Research ( email )

P.O. Box 11 03 61
Kleine Maerkerstrasse 8
D-06017 Halle, 06108
Germany

Johannes Florian Stephan

IWH, Halle Institute for Economic Research ( email )

P.O. Box 11 03 61
Kleine Maerkerstrasse 8
D-06017 Halle (Saale), 06108
Germany

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