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Various approaches have been suggested in the literature for incorporating developmental variances into the design of competition policy for emerging economies. For example, unlike developed economies, emerging economies must prioritize the industries for investigations and continue to emphasize competition advocacy to activate popular interest in competition issues. We address this topic and elaborate on the likely responses to the challenges of accounting for developmental variances when constructing competition policies and rules tailored for the needs of emerging economies. We categorize the features that might prompt emerging economies to follow regulatory paths distinct from those of developed economies into economic (e.g., a smaller market scale) and noneconomic (e.g., corruption or cronyism) features. Based on this categorization, we show how the study of developmental variances can contribute to the formulation of competition policy that meets the needs of emerging economies. Furthermore, unique economic and noneconomic features could also influence how specific reviewing standards are developed. For example, the lack of sufficient enforcement expertise and resources in emerging economies could cause enforcement agencies to favor the per se rule over the rule of reason. We conclude this paper by discussing certain limitations for the preliminary findings and by proposing the likely implications for the studies of this topic.
In its own words, the mission of the International Competition Network (the ICN) is to advocate the adoption of superior standards and procedures in competition policy around the world, formulate proposals for procedural and substantive convergence, and seek to facilitate effective international cooperation to the benefit of member agencies, consumers and economies worldwide. ICN members include nearly all competition authorities (NCAs) from around the world (over 100 of them). Since its inception, the ICN has also sought to enrich its discussions and outputs through the inclusion of non-governmental advisors (NGAs), principally large multi-nationals and the legal and economic professions. The ICN is a transnational network, set up by its members, largely without wider state input. This book hypothesises that the ICN's formally neutral structures provide powerful influence mechanisms for strong NCAs and NGAs, over the weak; and 'competition experts' over wider state interests, discussing the legitimacy of this from a political and legal theory perspective, analysing the ICN's effectiveness and efficiency, and suggesting ways that the ICN can improve all three. This study has important implications for the ICN itself, particularly as it launches its 'Third Decade Project', billed as a full self-evaluation. However, the story told here is also relevant to states and the wider regulatory community, due to the widespread use of transnational networks.
This book provides edited selections of primary source material in the intellectual history of competition policy from Adam Smith to the present day. Chapters include classical theories of competition, the U.S. founding era, classicism and neoclassicism, progressivism, the New Deal, structuralism, the Chicago School, and post-Chicago theories. Although the focus is largely on Anglo-American sources, there is also a chapter on European Ordoliberalism, an influential school of thought in post-War Europe. Each chapter begins with a brief essay by one of the editors pulling together the important themes from the period under consideration.
This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate.
There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these should be placed at the heart of analysis when considering which competition laws are judicious. Through examining different factors that influence the adoption and implementation of competition laws in developing countries, this book illustrates the goals of such laws, the content of the legal rules, and the necessary institutional, political, ideological and legal conditions that must complement such rules. The book integrates development economics with competition law to provide an alternative vision of competition law, concluding that 'one competition law and policy size' does not fit 'all socio-economic contexts'.
This is a book on market law and policy in sub-Saharan Africa. It shows how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and raise the standard of living for their people while preserving their values of inclusive development. It studies particular countries and particular regions, delving deeply into the facts.
The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.
Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.