Competition Law and Development (Global Competition Law and Economics)

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.

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 theGlobal 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 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. Economic development and global competition law convergence / David J. Gerber Is there a tension between development economics and competition? / Ioannis Lianos, Abel Mateus, and Azza Raslan Who needs antitrust? Or, Is developing-country antitrust different? A historical-comparative analysis / Aditya Bhattacharjea Competition law and development : lessons from the U.S. experience / Thomas C. Arthur Competition law in developing nations : the absolutist view / George L. Priest Resource constraints and competition law enforcement : theoretical considerations and observations from selected cross-country data / Vivek Ghosal Competition and development : what competition law regime? / Abel Mateus Prioritizing cartel enforcement in developing world competition agencies / D. Daniel Sokol and Andreas Stephan Contracts and cartels : reconciling competition and development policy / Barak D. Richman Your money and your life : the export of U.S. antitrust remedies / Harry First Rethinking competition advocacy in developing countries / Allan Fels and Wendy Ng Domestic and cross-border transfer of wealth / Ariel Ezrachi The patent-antitrust interface in developing countries / Thomas K. Cheng Embedding a competition culture : holy grail or attainable objective? / David Lewis India's tryst with "the Clayton Act moment" and emerging merger control jurisprudence : intersection of law, economics, and politics / Rahul Singh. "The vast majority of the countries in the world are developing countries. Yet international and comparative law scholarship has devoted little attention to developing countries, instead focusing on the United States and European Union. This is surprising, given the changing global economic reality in which developing countries - especially China, India, and Brazil - have emerged as economic powerhouses. Together with Russia, these four countries have accounted for thirty percent of global economic growth since 2001. 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 book considers the serious implications that may arise in competition law enforcement given the significantly divergent political and economic environments of developing versus developed countries. This second book in the Global Competition Law and Economics series provides a number of unique viewpoints on what competition law and policy mean both in theory and in practice in a development context"--Unedited summary from book cover This book addresses two related strands of literature - antitrust/competition law and economics and law and development. Whereas most competition law and economics has focused on developments in the United States and Europe, increasingly competition law, economics, and policy have taken a more important role in developing countries. This book focuses on the key variables involved in an increasingly global competition policy system