Conclusion: Complex Relationship Between Industrial Policy, Competition Law and Development Concerns

Author(s):  
Balthasar Strunz
2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Shiju Varghese Mazhuvanchery

The relationship between competition law and development continues to be a subject that excites many. The appropriate design of a competition law with developmental dimensions is a contentious issue. With the enactment of the Competition Act 2002, India joined the hundred odd developing countries that have adopted new competition laws over the last two decades. After a hiatus of seven years, substantive provisions of the Act have been notified recently. The Indian Act presents a perfect case study for the developmental dimensions of competition law. This paper explores the events that led to the enactment of the new law in India and analyses its provisions from a developmental perspective. The paper concludes that many of the provisions in the law may come in the way of the realization of developmental goals.


2013 ◽  
pp. 66-78
Author(s):  
Thomas C. Arthur

Author(s):  
Cheng Thomas K

This chapter offers a coherent approach to competition law enforcement in developing countries. The promotion of economic growth and development should be the paramount objective of competition law enforcement in developing countries. However, ascribing the objective of the promotion of economic growth and development to competition law enforcement in developing countries does not require a detraction from a focus on promoting competition. In addition, competition law enforcement in developing countries must abide by the principle of causing no harm to the poor in society. If a developing country decides to pursue industrial policy, its competition authority may be asked to balance between competition and industrial policy objectives. Ultimately, competition law enforcement in developing countries must take into account the economic characteristics of developing countries as well as the enforcement capacity of developing country authorities.


Author(s):  
Cheng Thomas K

This chapter examines the role of industrial policy in developing countries. On the one hand, industrial policy is arguably the antithesis of competition law and policy. Industrial policy substitutes government planning for competition and is vehemently opposed if not maligned by adherents of free market economics. Industrial policy as practiced in some countries such as Japan and Korea have entailed government-organized cartels and the grooming of national champions, both of which are direct affronts to the notion of competition. On the other hand, to the defenders of industrial policy, it has successfully lifted a number of Asian countries out of poverty and turned them into industrial and technological powerhouses. However, even the extent to which the success of these economies can be attributed to industrial policy is highly contested. There are hence two layers to the controversy. The first is whether industrial policy worked at all. The second is even if it did, whether a growth strategy relying on competition is superior to industrial policy, and if not, how competition law enforcement should accommodate industrial policy.


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