Drafting Competition Law for Developing Jurisdictions: Learning from Experience
Economic Characteristics of Developing Jurisdictions: Their Implications for Competition Law, Edward Elgar, 2014, Forthcoming
69 Pages Posted: 16 Apr 2014 Last revised: 20 Mar 2015
Date Written: April 15, 2014
Developing jurisdictions often share some socio-economic characteristics, including highly concentrated markets, state ownership of major businesses, scarce human and financial resources, poor infrastructure, systemic poverty, cronyism, and corruption. This article attempts to sketch some of the implications of such characteristics on the competition law rules to be adopted by developing jurisdictions, based, inter alia, on the experience some developing jurisdictions already have with such laws. The analysis raises intriguing and complex issues, such as what the country seeks to and can probably derive from a competition law; What should be the presumptions that stand at the basis of the law; How should the lack of resources and the political economy characteristics affect the design of competition law institutions and the formulation of substantive prohibitions; and should public interest considerations be incorporated into the law, and if so how and by whom.
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