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The Economic Characteristics of Developing Jurisdictions

Their Implications for Competition Law Edited by Michal S. Gal, University of Haifa School of Law, Israel, Mor Bakhoum, Max Planck Institute for Innovation and Competition, Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany, Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law and David J. Gerber, Chicago-Kent College of Law, Illinois Institute of Technology, US
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'.
Extent: 424 pp
Hardback Price: $161.00 Web: $144.90
Publication Date: 2015
ISBN: 978 1 78347 149 2
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  • Economics and Finance
  • Development Economics
  • Law - Academic
  • Competition and Antitrust Law
  • Law and Development
The Economic Characteristics of Developing Jurisdictions: Their Implications for Competition Law contributes to the ongoing debate over what type of competition law and policy is most suitable for developing jurisdictions. Concluding that one competition model does not fit all socio-economic contexts, the book frames an alternative vision of competition rules for developing nations.

A number of different factors that influence the implementation of competition law in developing countries are analysed, such as the content and goals of such laws, the institutional features, and the political, ideological and legal conditions that must complement law and policy. Experts in the fields of development economics and competition law discuss the key economic features that characterize most developing jurisdictions, determine how these unique characteristics influence law and policy and define how this must translate into competition law. Through this interdisciplinary exploration, the book illustrates how unique characteristics of developing jurisdictions matter when enforcing competition law.

Scholars interested in development economics and law and development will find this an informative addition to the discussion surrounding competition law in developed and developing countries. Practitioners and policy makers will find practical insight into how traditional approaches to designing competition law must be revised for the future.
‘This book – an edited collection of contributions by distinguished development economists and competition law specialists – develops a powerful case against a “one size fits all” approach to designing competition laws for developed and developing countries. With respect to the latter, differences in economic characteristics require re-thinking of the traditional objectives and instruments of intervention adopted by competition laws. . . This impressive volume substantially advances the research and public policy-making agenda in this hitherto under-attended area of law and development.’
– Michael Trebilcock, University of Toronto, Canada

‘This book is required reading for anyone seriously interested in the issue of competition law in developing countries. The authors offer a thoughtful, precise and relevant analysis of the economic characteristics of developing countries and derive from this analysis a nuanced, dynamic, inclusive and flexible approach to competition law in those countries. They sketch the contours of a simple competition law primarily aimed at promoting the emergence of well functioning efficient markets and at fighting market foreclosures, in particular by dominant firms. This reinterpretation of competition law and its objectives provides us with a much needed, original and solid overall framework for thinking about the challenges of competition law in developing countries.’
– Frédéric Jenny, École Supérieure des Sciences Économiques et Commerciales, France
Contributors: M. Bakhoum, M.H.A. Beigi, O. Budzinsky, I.L. De Leon, J. Drexl, S.J. Evenett, E.M. Fox, M.S. Gal, D.J. Gerber, E.M. Greco, T. Indig, D. Lewis, P. Lin, D. Petrecolla, Y. Qiao, S. Roberts, C.A. Romero, U. Schwager, J. Tapia, J.P. Vila-Martínez









Contents:

Introduction
Michal S. Gal and Mor Bakhoum

PART I THE ECONOMIC CHARACTERISTICS OF DEVELOPING JURISDICTIONS
1. Competition Law and the Economic Characteristics of Developing Countries
Simon J. Evenett

2. What Features Measure Economic Competition in Developing Countries?
Ignacio L. De Leon

3. Lifting the Veil: Rethinking the Classification of Developing Economies for Competition Law and Policy
Tamar Indig and Michal S. Gal

4. Economic Structure and Competition Policy Application in Latin American countries
Diego Petrecolla, Esteban M. Greco, Carlos A. Romero and Juan P. Vila-Martínez

5. Understanding the Economic Factors That Have Affected China’s Antimonopoly Law
Pin Ling and Yue Qiao

PART II: SELECT COMPETITION-RELATED ISSUES AFFECTING DEVELOPING JURISDICTIONS
6. Competition Issues Affecting the Agricultural Sector in Selected Developing Countries: Key Findings from Selected UNCTAD Market Studies
Ulla Schwager

7. The Informal Economy and its Interface with Competition Law and Policy
Mor Bakhoum

8. Bid Rigging and it’s Interface with Corruption
David Lewis

PART III IMPLICATIONS FOR COMPETITION LAW
9. Generating Instead of Protecting Competition
Oliver Budzinsky and Maryam H.A. Beigi

10. Adapting the Role of Economics in Competition Law: A Developing Country Dilemma
David J. Gerber

11. Consumer Welfare and Consumer Harm: Adjusting Competition Law and Policies to the Needs of Developing Jurisdictions
Josef Drexl

12. Drafting Competition Law for Developing Jurisdictions: Learning from Experience
Michal S. Gal and Eleanor M. Fox

13 Abuses of Dominance in Developing Countries: A View from the South, With an Eye on Telecoms
Javier Tapia and Simon Roberts

Index