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Competition Law Enforcement In The Brics And In Developing Countries
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Book Synopsis Competition Law Enforcement in the BRICS and in Developing Countries by : Frederic Jenny
Download or read book Competition Law Enforcement in the BRICS and in Developing Countries written by Frederic Jenny and published by Springer. This book was released on 2016-06-13 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Competition Policy for the New Era by : Tembinkosi Bonakele
Download or read book Competition Policy for the New Era written by Tembinkosi Bonakele and published by Oxford University Press. This book was released on 2017-12-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Competition Law in Developing Countries by : Thomas K. Cheng
Download or read book Competition Law in Developing Countries written by Thomas K. Cheng and published by Oxford University Press. This book was released on 2020-05-27 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Competition Law and Development by : D. Daniel Sokol
Download or read book Competition Law and Development written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2013-09-11 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Regional Competition Law Enforcement in Developing Countries by : Julia Molestina
Download or read book Regional Competition Law Enforcement in Developing Countries written by Julia Molestina and published by Springer. This book was released on 2019-03-06 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Excessive Pricing and Competition Law Enforcement by : Yannis Katsoulacos
Download or read book Excessive Pricing and Competition Law Enforcement written by Yannis Katsoulacos and published by Springer. This book was released on 2018-09-12 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Competition Law in the BRICS Countries by : Adrian Emch
Download or read book Competition Law in the BRICS Countries written by Adrian Emch and published by Kluwer Law International B.V.. This book was released on 2012-09-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 ISBN 13 : Total Pages :136 pages Book Rating :4.:/5 (41 download)
Book Synopsis Competition Law Enforcement by : Organisation for Economic Co-operation and Development. Committee of Experts on Restrictive Business Practices
Download or read book Competition Law Enforcement written by Organisation for Economic Co-operation and Development. Committee of Experts on Restrictive Business Practices and published by Organisation for Economic Co-operation and Development ; [Washington, D.C. : OECD Publications and Information Center. This book was released on 1984 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Cooperation in Competition Law Enforcement by : Pierre Horna
Download or read book International Cooperation in Competition Law Enforcement written by Pierre Horna and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fighting Cross-Border Cartels by : Pierre Horna
Download or read book Fighting Cross-Border Cartels written by Pierre Horna and published by Bloomsbury Publishing. This book was released on 2020-03-19 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.
Book Synopsis Global Competition Enforcement by : Paulo Burnier da Silveira
Download or read book Global Competition Enforcement written by Paulo Burnier da Silveira and published by Kluwer Law International B.V.. This book was released on 2019-10-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Competition Enforcement New Players, New Challenges Edited by Paulo Burnier da Silveira & William Evan Kovacic In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries. The following aspects of the subject and more are examined in depth: the interface between antitrust and anti-corruption; the digital economy’s challenges to competition authorities; convergent aims and rules among different competition authorities; regional organizations with competition mandates; competition neutrality and state-owned enterprises; and leniency programmes. Although necessarily there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities in five continents including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions. Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations. Antitrust lawyers, corporate counsel and interested academics as well as policymakers will benefit immeasurably from this book’s wealth of informative detail.
Book Synopsis Implementation of Competition Law in Developing and Transition Countries by : Franz Kronthaler
Download or read book Implementation of Competition Law in Developing and Transition Countries written by Franz Kronthaler and published by Nomos Verlagsgesellschaft. This book was released on 2007 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, a lot of national and international initiatives on competition law enforcement in developing and transition countries have been formed. These initiatives go well beyond established academic knowledge. This study establishes how competition law implementation works best in developing and transition countries. In particular, it examines how competition law can be introduced so that it suits economic development policy objectives of developing and transition countries. The study is particularly relevant for people who are concerned with competition law implementation, especially for practitioners and researchers at OECD, UNCTAD, WTO, and competition agencies in the developed and developing world.
Book Synopsis Competition Law and the Investment Climate in Developing Countries by : Simon Evenett
Download or read book Competition Law and the Investment Climate in Developing Countries written by Simon Evenett and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly 100 countries have enacted competition laws, and there is a growing record of enforcement actions by competition agencies in developing countries. The econometric literature on the effects of competition law on investment in these countries focuses almost exclusively on the consequences for inflows of foreign direct investment. Equally as important though less studied is the potential effects of competition law enforcement on the level and composition of investment by state bodies and by domestic firms. Even though investment can play an important role in promoting development, the overarching goal of competition law and enforcement should be to promote static and dynamic efficiency and contribute substantially to improving the allocation of resources in the economy.
Book Synopsis Regional Competition Law Enforcement Under Deep Regional Trade Agreements by : Gozde Deniz Both
Download or read book Regional Competition Law Enforcement Under Deep Regional Trade Agreements written by Gozde Deniz Both and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis What Should the Priorities of a Small Country's Competition Authority Be? by : Šarūnas Keserauskas
Download or read book What Should the Priorities of a Small Country's Competition Authority Be? written by Šarūnas Keserauskas and published by . This book was released on 2010 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: For years, competition law remained the preserve of large jurisdictions, but after the political and economic transformations of the late 1980's a number of new actors came to the stage. Many of them were small, developing countries with modest human and financial resources and limited or no experience in free market economy and liberal democracy. The speed with which such countries embraced competition rules left little time for analysis of whether such rules were needed, what they should be and how they were going to be enforced. As time passed, proliferation of competition laws in small countries attracted attention of academics and practitioners, but huge linguistic diversity, especially in Europe, imposed high barriers on what materials could be accessed for analytical purposes. As a result, most legal writings remain limited either to high-level comments on the available translations of statutory texts or to short accounts of selected cases and enforcement statistics, or a combination of both. -- In contrast, this dissertation presents an in-depth analysis of two decades of competition law enforcement in one of such small countries, and the current EU member, Lithuania. The author takes commonly identified challenges that competition authorities are expected to face and, drawing on the extensive review of the case-law, demonstrates how these challenges have been met in reality. The thesis considers that far from being transitory most of the size-related difficulties - such as political interference with the operations of the competition agency or the latter's lack of sufficient financing and qualified personnel - could be of a more permanent nature, and therefore the priorities of a small country's competition authority should be correspondingly adjusted.
Book Synopsis The BRICS-Lawyers' Guide to Global Cooperation by : Rostam J. Neuwirth
Download or read book The BRICS-Lawyers' Guide to Global Cooperation written by Rostam J. Neuwirth and published by Cambridge University Press. This book was released on 2017-10-12 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of law in different areas of BRICS cooperation and the impact it can make on global governance.
Book Synopsis Interfacing the 'Local' with the 'Global' by : Mor Bakhoum
Download or read book Interfacing the 'Local' with the 'Global' written by Mor Bakhoum and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution was prepared for the “Global Competition Law Conference” held in Chicago-Kent College of Law in October 2011. It retraces the recent developments in competition law in Sub-Saharan Africa with a focus on the situation in West Africa. The legal, political, cultural and institutional dimensions which have influenced the development and effectiveness of competition law in the region are discussed. From an international perspective, the contribution retraces the African countries ́ role, if any, in the debate pertaining a multilateral framework on competition law. The paper shares David Gerber ́s view that “Africa has generally played at best a marginal role in global competition law development until very recently, but several factors suggest that that role may increase”. Amongst these factors are the potential derived from regionalizing competition policies in Sub-Saharan Africa and the increase cooperation and technical assistance in competition law enforcement as evidenced the recently created African Competition Forum (ACF). The proposals put forward in “Global Competition” by David Gerber are also discussed from the perspective of Sub-Saharan African countries. In particular, it is argued in this contribution that the “Commitment pathway” proposed by David Gerber is a beneficial approach for developing countries since it would help them fight cross border anticompetitive practices through a multilateral agreement. Moreover, the proposal respects the “diversity” of approaches in competition law and the need of developing countries to conceptualize their own competition law models. The phasing out of the norms on the multilateral level would give also developing countries “time” to learn and to contextualize their competition policies. The pertinence of a multilateral approach is also discussed in light of the recent developments, in particular the shift towards bilateral approaches in dealing with competition matters.
