The Economic Characteristics of Developing Jurisdictions

他们对竞争法

Edited by Michal S. Gal, Professor and Director, Center for Law and Technology, University of Haifa, 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'.

‘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