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Competition Law Enforcement in the BRICS and in Developing Countries

Competition Law Enforcement in the BRICS and in Developing Countries
Author: Frederic Jenny
Publisher: Springer
Total Pages: 363
Release: 2016-06-13
Genre: Law
ISBN: 331930948X

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This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.


Competition Policy for the New Era

Competition Policy for the New Era
Author: Tembinkosi Bonakele
Publisher: Oxford University Press
Total Pages: 304
Release: 2017-12-01
Genre: Law
ISBN: 0192538713

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Competition law has expanded to more than 100 jurisdictions worldwide with varying degrees of economic, social, and institutional development, raising important questions as to what is the appropriate design of competition law regimes and the interaction between competition law and economic development. This volume, comprising a selection of papers from the 4th BRICS International Competition Conference written by academic and practising economists and lawyers from both developed and developing countries, is distinctive in its focus on a broader view of competition policy in BRICS and developing countries. It examines the role competition, the application of broader public interest and national interest concerns in the analysis and influence on developing country competition authorities' policy-making. The contributors address topics such as: - a broad view of competition policy; - making markets work for the people as a post millennium development goal; - some key issues concerning the further development of China's antimonopoly law; - remedies in BRICS countries; - public interest issues in cross-border mergers; - crafting creative remedies in food markets in South Africa; - what are African competition authorities doing to fight cartels?; - successes and challenges in the fight against cartels; and the economics of antitrust sanctioning.


Competition Law in Developing Countries

Competition Law in Developing Countries
Author: Thomas K. Cheng
Publisher: Oxford University Press
Total Pages: 464
Release: 2020-05-27
Genre: Law
ISBN: 0192607391

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This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries. The book proposes a customized approach to competition law enforcement for developing countries, set against the background of the academic and policy debate concerning convergence of competition law. The implicit premise of convergence is that there may exist one, or a few, correct approaches to competition law enforcement, which in most cases emanate from developed jurisdictions, that are applicable to all. This book rejects this assumption and argues that developing countries ought to tailor competition law enforcement to their own economic and political circumstances. In particular, it suggests how competition law enforcement can better incorporate development concerns without causing undue dilution of its traditional focus on protecting consumer welfare. It proposes ways in which approaches to competition law enforcement need to be adjusted to reflect the special economic characteristics of developing country economies and the more limited enforcement capacity of developing country competition authorities. Finally, it also addresses the long-running debate concerning the desirability and viability of industrial policy for developing countries. The author would like to acknowledge the Research Grants Council of Hong Kong for its generous support. The work in this book was fully supported by a grant from the Research Grants Council of Hong Kong (Project No. HKU 742412H).


Regional Competition Law Enforcement in Developing Countries

Regional Competition Law Enforcement in Developing Countries
Author: Julia Molestina
Publisher: Springer
Total Pages: 429
Release: 2019-03-06
Genre: Law
ISBN: 3662585251

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The book examines the potential for regional competition law systems as enforcement tools in developing countries, based on a case study of the West African Economic and Monetary Union, the Andean Community and the Caribbean Community. It analyses the allocation of enforcement competences between the regional/supranational and the national level and formulates detailed guidelines on the optimal degree of centralization or decentralization. The book addresses all readers that are interested in the enforcement of competition law in developing countries. Moreover, it provides practical insights for public institutions that wish to identify or prevent possible misallocation of competences within regional competition law systems.


Excessive Pricing and Competition Law Enforcement

Excessive Pricing and Competition Law Enforcement
Author: Yannis Katsoulacos
Publisher: Springer
Total Pages: 284
Release: 2018-09-12
Genre: Law
ISBN: 3319928317

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This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and a number of EU-member states in recent years. The book begins by discussing the economic arguments for and against the prohibition of excessive or unfair prices by firms with market power. It then presents various country studies, focusing on developed countries (such as the UK and Israel) and on the BRICS countries, to highlight various practical challenges involved in recognizing excessive prices as abusive conduct on the part of dominant firms, including how to define, measure and identify excessive prices. The contributors also discuss other policy options that can be used to fight excessive prices in order to protect consumer welfare.


Competition Law in the BRICS Countries

Competition Law in the BRICS Countries
Author: Adrian Emch
Publisher: Kluwer Law International B.V.
Total Pages: 368
Release: 2012-09-01
Genre: Law
ISBN: 9041142126

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Companies around the world and their advisors have realized, over the past few years, that they must be very aware of merger control and antitrust enforcement developments in Brasilia, Moscow, New Delhi, Beijing, and Pretoria. When one appreciates the extent of enforcement by the competition authorities of the powerful emerging economies of Brazil, Russia, India, China, and South Africa, it becomes clear that a fundamental change in the focus of international antitrust enforcement has occurred. Under the auspices of the International Bar Association, this timely, invaluable book examines in detail the fast-moving antitrust developments in the BRICS countries. Twenty-nine outstanding experts – practitioners, officials, and academics, each of them working in one of the five countries – present in-depth descriptions of the structure, powers, and procedures of their country’s respective enforcement agencies. Disclosure, transparency, benchmarking, portfolio of policymaking tools, and the speed, phasing, and priorities of implementation are all fully analysed. The authors provide summaries with implications of relevant cases in their jurisdictions. The issues and topics covered include the following: politics, resources, priorities; cooperation with criminal prosecutors and police; extraterritoriality; availability of administrative sanctions, criminal enforcement, and private actions; assessment of dominance; investigation: procedure, powers, burden of proof, appeal; procompetitive development of particular sectors of the economy; leniency programs; calculation of market share thresholds; triggering events/thresholds; notification thresholds and documents; employee and trade union involvement; and government participation and intervention. At a time when the BRICS antitrust agencies are increasingly asserting their roles in a multipolar antitrust world and cooperating with each other more and more, this thorough and up-to-date comparative analysis on what the BRICS countries are doing in the antitrust sector will be extremely valuable to corporate counsel worldwide. For academics and policymakers it will provide a highly revealing perspective on the current state of international competition law enforcement.


Economic Development, Competition Policy, and the World Trade Organization

Economic Development, Competition Policy, and the World Trade Organization
Author: Bernard M. Hoekman
Publisher: World Bank Publications
Total Pages: 40
Release: 2002
Genre: Antitrust law
ISBN:

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At the recent World Trade Organization (WTO) ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition based on explicit consensus on modalities to be agreed at the fifth WTO ministerial meeting in 2003. WTO discussions since 1997 have revealed little support for ambitious multilateral action. Proponents of the WTO antitrust disciplines currently propose an agreement that is limited to "core principles"-nondiscrimination, transparency, and provisions banning "hard core" cartels. The authors argue that an agreement along such lines will create compliance costs for developing countries without addressing the anticompetitive behavior of firms located in foreign jurisdictions. To be unambiguously beneficial to low-income countries, any WTO antitrust disciplines should recognize the capacity constraints that prevail in these economies, make illegal collusive business practices by firms with international operations that raise prices in developing country markets, and require competition authorities in high-income countries to take action against firms located in their jurisdictions to defend the interests of affected developing country consumers. More generally, a case is made that traditional liberalization commitments using existing WTO fora will be the most effective means of lowering prices and increasing access to an expanded variety of goods and services.


Competition Law Enforcement

Competition Law Enforcement
Author: Organisation for Economic Co-operation and Development. Committee of Experts on Restrictive Business Practices
Publisher: Organisation for Economic Co-operation and Development ; [Washington, D.C. : OECD Publications and Information Center
Total Pages: 136
Release: 1984
Genre: Business & Economics
ISBN:

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Building New Competition Law Regimes

Building New Competition Law Regimes
Author: David Lewis
Publisher: Edward Elgar Publishing
Total Pages: 227
Release: 2013
Genre: Law
ISBN: 1781953732

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ÔNearly every important country now has a competition law. It is vital to understand the institutions that drive the operation of these laws. This excellent volume provides case studies of some of the more substantial new competition authorities written by former or current top agency officials and academics closely connected with those institutions. The book highlights the fact that whilst these institutions have certain features in common, they are very much shaped by the history and circumstances of their own countries and cultures, and that any serious prescription for them needs to balance those factors against the general economic doctrines that lie behind competition law around the world. Without that understanding, regulators and those dealing with them are likely to face failure. The book points to ways of resolving those problems.Õ Ð Allan Fels, The Australia and New Zealand School of Government (ANZSOG) This detailed book focuses on the development of competition law institutions and contains case studies that examine this against the backdrop of the debate around global convergence of competition law and the limits imposed by particular national circumstances. Five of the chapters examine the development of competition law regimes in a diverse range of countries: Mexico, Hungary, South Africa, Thailand (with comparative remarks on South Korea) and Zambia. The remaining chapters examine the role of multinational institutions, particularly the International Competition Network, and the practice of and potential for regional competition law arrangements. The majority of the authors are seasoned practitioners of competition law, all of whom acknowledge the importance of convergence, while simultaneously demonstrating the limits imposed by divergent national circumstances. This carefully edited collection is a companion volume to Enforcing Competition Rules in South Africa, an account of the development of competition law institutions in South Africa, authored by David Lewis and published by Edward Elgar. Building New Competition Law Regimes will be of particular benefit to scholars, teachers and practitioners of competition law. It will also be of interest to development studies scholars, teachers and practitioners and to specialists in the countries that are the subjects of the case studies.


New Competition Jurisdictions

New Competition Jurisdictions
Author: Richard Whish
Publisher: Edward Elgar Publishing
Total Pages: 369
Release: 2012-01-01
Genre: Law
ISBN: 0857939521

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'The most thoughtful collection available of insights into the challenges facing new competition jurisdictions. Whish and Townley have brought together experts on approaches global, comparative and local, combined with fresh inter-disciplinary insights. By combining law, economics and political economy, what emerges are pointed commentaries, and a rich source of principles and pragmatism. This book will guide the creators and enforcers of new competition law regimes.' – Philip Marsden, Director, British Institute of International and Comparative Law, and OFT Board Member 'This is a wonderful volume filled with good ideas. It evolves from the Sixth Conference of ASCOLA, the world association of competition law professors, which asked a group of young scholars how new competition law systems can be made more effective, and challenged the conference participants to interrogate the ideas. the resulting book is an admirable collection of insightful papers and commentary. For all who are interested in advancing younger competition law systems and their supporting academic communities, this volume must be read.' – Eleanor Fox, New York University School of Law, US This book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws; institutional challenges and choices, with a specific focus on deterrence; the global perspective, with a specific focus on mergers; and a discussion of how to help young academics in new jurisdictions. Theoretical analysis is informed by practice throughout, and in particular by those considered to be at the cutting edge, either working in new competition authorities or from specialists advising them on a daily basis (such as those in the OECD and UNCTAD). New Competition Jurisdictions will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.