Competition Law and Development (Global Competition Law and Economics) - Hardcover

 
9780804785716: Competition Law and Development (Global Competition Law and Economics)
Hardcover
ISBN 10: 0804785716 ISBN 13: 9780804785716
Verlag: Stanford University Press, 2013

Inhaltsangabe

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.

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Über die Autorinnen und Autoren

D. Daniel Sokol is Associate Professor of Law at the University of Florida Levin College of Law. Thomas K. Cheng is Assistant Professor of Law at the University of Hong Kong. Ioannis Lianos is the City Solicitors' Trust Reader in Competition and European Union Law at the Faculty of Laws, University College London.


D. Daniel Sokol is Associate Professor of Law at the University of Florida Levin College of Law. Thomas K. Cheng is Assistant Professor of Law at the University of Hong Kong.Ioannis Lianos is the City Solicitors' Trust Reader in Competition and European Union Law at the Faculty of Laws, University College London.

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Competition Law and Development

By D. Daniel Sokol, Thomas K. Cheng, Ioannis Lianos

Stanford University Press

Copyright © 2013 Board of Trustees of the Leland Stanford Junior University
All rights reserved.
ISBN: 978-0-8047-8571-6

Contents

Contributors...............................................................vii
Introduction D. Daniel Sokol, Thomas K. Cheng, and Ioannis Lianos.........1
1. Economic Development and Global Competition Law Convergence David J. 
Gerber.....................................................................		13
2. Is There a Tension Between Development Economics and Competition? 
Ioannis Lianos, Abel Mateus, and Azza Raslan...............................		35
3. Who Needs Antitrust? Or, Is Developing-Country Antitrust Different? A 
Historical-Comparative Analysis Aditya Bhattacharjea......................		52
4. Competition Law and Development: Lessons from the U.S. Experience 
Thomas C. Arthur...........................................................		66
5. Competition Law in Developing Nations: The Absolutist View George L. 
Priest.....................................................................		79
6. Resource Constraints and Competition Law Enforcement: Theoretical 
Considerations and Observations from Selected Cross-Country Data Vivek 
Ghosal.....................................................................		90
7. Competition and Development: What Competition Law Regime? Abel Mateus..115
8. Prioritizing Cartel Enforcement in Developing World Competition 
Agencies D. Daniel Sokol and Andreas Stephan..............................		137
9. Contracts and Cartels: Reconciling Competition and Development Policy 
Barak D. Richman...........................................................		155
10. Your Money and Your Life: The Export of U.S. Antitrust Remedies Harry 
First......................................................................		167
11. Rethinking Competition Advocacy in Developing Countries Allan Fels 
and Wendy Ng...............................................................		182
12. Domestic and Cross-Border Transfer of Wealth Ariel Ezrachi............199
13. The Patent-Antitrust Interface in Developing Countries Thomas K. 
Cheng......................................................................		212
14. Embedding a Competition Culture: Holy Grail or Attainable Objective? 
David Lewis................................................................		228
15. India's Tryst with "the Clayton Act Moment" and Emerging Merger 
Control Jurisprudence: Intersection of Law, Economics, and Politics Rahul 
Singh......................................................................		249
Notes......................................................................271
Index......................................................................309


CHAPTER 1

Economic Development andGlobal Competition Law Convergence

David J. Gerber


Global convergence seems to many to be the best, perhaps the only, availablestrategy for reducing the conflicts, costs, and uncertainties that the currenttransnational competition law regime imposes on global economic activity.The failed attempt to include competition law in the World Trade Organizationin the early 2000s has led many to conclude that multinational coordinationregarding competition law has little or no chance of success and thattherefore convergence is the only available strategy for improving the legalframework for transnational markets. This convergence strategy is based onthe idea that the countries of the world (or at least most of them) will voluntarilymove toward a central model of competition law and that this processwill reduce the costs, uncertainties, and risks associated with the currentjurisdictional system.

This chapter examines a fundamental assumption on which the globalconvergence strategy is based—namely, that a large number of countries outsidethe United States and Europe will voluntarily adopt a specific conceptionof competition law that we will here call the "economics-based model"of competition law (EBM). This view of competition law relies on a specificform of economic analysis as the basis for competition law. The EBM hasbeen developed primarily in the United States, and thus the issue is whethera model of competition law created in a highly developed country with a large,open market can attract widespread acceptance and emulation by decisionmakers in a large number of countries that are not highly developed economicallyand that do not operate in a large, open market. The entire convergencestrategy is built on this assumption, because it can achieve its statedgoals only if there is widespread participation by developing countries. Thisassumption has received little systematic attention, at least until recently, butits central importance calls for closer scrutiny of its conceptual and empiricalfoundations.

The chapter reviews some of the support for this assumption. Specifically,it explores the basis for expecting developing countries to converge towardthe EBM. It identifies some of the incentives for decision makers in developingcountries to follow this model and some of the factors that may influencethose decisions.

Two themes are central to the analysis. The first is that claims for convergenceas global policy are often built on inadequately supported assumptionsabout the participation of developing countries. The second is that there is afundamental tension between the goals of economic development and thestrategy of global competition law convergence.


Concepts and Assumptions

Two concepts that are central to this analysis call for clarification. "Developingcountries" refers here to countries in which levels of economic developmentare low by international standards. This definition is obviously loose,but two factors sharpen its contours. First, my concern here is with economicdevelopment, as distinguished from social, political, or other forms of development.And second, I use a country's level of per capita income as the measureof economic development. There are other measures of economic development,and for many purposes they may be more appropriate than the"growth" standard that I use here. In most contexts, however, economicdevelopment continues to be primarily measured by per capita income levelsand I follow that usage here.

Clarifying the concept of convergence is particularly important, not onlybecause it is the focus of this chapter but also because there is much confusionabout its use. The term "convergence" is often used loosely to refer to thereduction of differences, but without clarifying which differences are involved,in what ways they are reduced, and between which actors they arereduced, the term is too vague to be useful and it is often misleading. Thecore meaning of convergence, and the one we will use here, refers to a processthat reduces the distance between individual points and a central point(the all-important convergence point). Here the convergence point is a competitionlaw model with a particular set of characteristics, and convergence is...

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Verlag
Stanford University Press
Erscheinungsdatum
2013
Sprache
Englisch
ISBN 10 
0804785716
ISBN 13 
9780804785716
Einband
Gebundene Ausgabe
Anzahl der Seiten
316
Herausgeber
Sokol D. Daniel, Cheng Thomas K., Lianos Ioannis
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