Drafting Competition Law for Developing Jurisdictions: Learning from Experience

Economic Characteristics of Developing Jurisdictions: Their Implications for Competition Law, Edward Elgar, 2014, Forthcoming

NYU Law and Economics Research Paper No. 14-11

69 Pages Posted: 16 Apr 2014 Last revised: 20 Mar 2015

See all articles by Michal Gal

Michal Gal

University of Haifa - Faculty of Law

Eleanor M. Fox

New York University School of Law

Date Written: April 15, 2014

Abstract

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.

Suggested Citation

Gal, Michal and Fox, Eleanor M., Drafting Competition Law for Developing Jurisdictions: Learning from Experience (April 15, 2014). Economic Characteristics of Developing Jurisdictions: Their Implications for Competition Law, Edward Elgar, 2014, Forthcoming; NYU Law and Economics Research Paper No. 14-11. Available at SSRN: https://ssrn.com/abstract=2425329

Michal Gal

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

HOME PAGE: http://weblaw.haifa.ac.il/en/faculty/gal/pages/home.aspx

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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