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The Design of Competition Law Institutions

The Design of Competition Law Institutions
Author: Eleanor M Fox
Publisher: Oxford University Press
Total Pages: 518
Release: 2013
Genre: Law
ISBN: 0199670048

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Using case studies to investigate the design of competition law systems, this is the first major analysis of the extent to which each national, regional, or international system fulfils global norms including due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.


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.


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.


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 Authorities in South Eastern Europe

Competition Authorities in South Eastern Europe
Author: Boris Begović
Publisher: Springer
Total Pages: 217
Release: 2018-07-20
Genre: Business & Economics
ISBN: 3319766449

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This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike.


The Global Limits of Competition Law

The Global Limits of Competition Law
Author: D. Daniel Sokol
Publisher: Stanford University Press
Total Pages: 307
Release: 2012-06-13
Genre: Law
ISBN: 0804782679

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Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.


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.


Regulatory Competition in the Internal Market

Regulatory Competition in the Internal Market
Author: Barbara Gabor
Publisher: Edward Elgar Publishing
Total Pages: 349
Release: 2013-01-01
Genre: Law
ISBN: 1781003386

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"Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences. The books conceptual framework covers the most relevant drivers of competition, including legal actors incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy. Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers legislator, regulator, judiciary at both national and European levels."--Publisher


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.


Competition Law and Development

Competition Law and Development
Author: D. Daniel Sokol
Publisher: Stanford University Press
Total Pages: 329
Release: 2013-09-11
Genre: Law
ISBN: 0804787921

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The vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.