scholarly journals Corrigendum to: From Divergence to Convergence: The Role of Intermediaries in Developing Competition Laws in ASEAN

2021 ◽  
Author(s):  
Wendy Ng
Keyword(s):  
Competition Laws

scholarly journals Anti-Competitive Practices In The Tourism Industry: The Case Of Small Economies

2011 ◽  
Vol 4 (10) ◽  
Author(s):  
A.E. Rodriguez ◽  
James Murdy
Keyword(s):  
Market Power ◽  
Developing Economies ◽  
Consumer Welfare ◽  
Tourism Industry ◽  
Small Economies ◽  
Tourism Sector ◽  
Competition Laws ◽  
Hotel Chains ◽  
National Economies

<p class="MsoNormal" style="text-align: justify; margin: 0in 0.6in 0pt 0.5in;"><span style="font-size: x-small;"><span style="font-family: &quot;Times New Roman&quot;,&quot;serif&quot;; mso-bidi-font-style: italic;">Who benefits from the proliferation of ecolodges, beachfront resorts, safari parks, river cruises, forest forays and other similar and increasingly popular ventures popping up in developing economies across the world? Critics hold that multinational hotel chains, influential tour operators and foreign interests sometimes in association with powerful domestic groups often engage in anticompetitive practices at the expense of local communities, domestic workers and other stakeholders where the tourism activities take place. In this paper, we examine the possibility of market power abuses in the tourism industry in small economies or small national economies.<span style="mso-spacerun: yes;">&nbsp; </span>Many of these small economies have recently inaugurated antitrust enforcement agencies charged with curtailing market power abuses and other anticompetitive practices.<span style="mso-spacerun: yes;">&nbsp; </span>We also examine how effective these agencies are likely to be in challenging the powerful tourism industry. Succinctly, we conclude that monopsonistic practices may arise in the tourism sector of small economies. But we argue that domestic competition agencies are not suited to challenge monopsony for various reasons including a lack of political will.<span style="mso-spacerun: yes;">&nbsp; </span>We also analyze the plausible cartelization role of regional marketing boards.<span style="mso-spacerun: yes;">&nbsp; </span>Regional marketing boards are collaborative efforts by groups of countries.<span style="mso-spacerun: yes;">&nbsp; </span>Because it is entrusted with cross jurisdictional enforcement of competition laws, a &ldquo;regional&rdquo; agency with jurisdiction in several countries across a region may be more likely to successfully confront monopsony problems.<span style="mso-spacerun: yes;">&nbsp; </span>However, we conclude that a regional enforcement agency is equally unlikely to successfully challenged cross-border anticompetitive practices because it is not likely to challenge the impairment of consumer welfare of foreign nationals.</span><span style="font-family: &quot;Times New Roman&quot;,&quot;serif&quot;;"> </span></span></p>

Corporate Social Responsibility and the Possibility of Private Transnational Governance in Competition Law

2021 ◽  
pp. 251-278
Author(s):  
Thanh C. Phan
Keyword(s):  
Corporate Social Responsibility ◽  
Competition Law ◽  
Transnational Governance ◽  
Socially Responsible ◽  
National Interests ◽  
Private Power ◽  
National Competition ◽  
Competition Laws ◽  
Corporate Social

Under economic globalization, anti-competitive acts transcend national borders and become a challenge for competition law as traditionally conceived. Most countries have been dealing with cross-border competition problems by using two basic methods: unilaterally extending national competition law's jurisdiction to acts conducted in foreign territory and cooperating in enforcing competition law. However, while the unilateral enforcement of competition law harms international comity, international cooperation in this area is constrained by conflicting national interests. Against the backdrop of such limits of statist mechanisms, this chapter examines the role of multi-national corporations in the enforcement of national competition law at a transnational level. It argues that when a multi-national corporation internalizes competition laws of countries as standards for its behaviors, the corporation can provide a mechanism to project those national laws at the transnational level by exercising its private power in a socially responsible way.

Intellectual Property and Climate Change

2017 ◽  
Author(s):  
Abbe EL Brown
Keyword(s):  
Climate Change ◽  
Intellectual Property ◽  
Climate Changes ◽  
Technological Development ◽  
Fast Tracking ◽  
Aarhus Convention ◽  
Competition Laws ◽  
Potential Impact ◽  
The Relationship

This chapter discusses the current and potential impact of intellectual property (IP) on efforts to manage and reduce climate change through technological development. To that end it considers international IP and environment treaties (notably the TRIPS Agreement, the United Nations Framework Convention on Climate Changes and its Kyoto Protocol and Paris Agreement, and the Aarhus Convention) and the extent to which their objectives can and do intersect or conflict. Particular reference is made to discussions at the TRIPS Council and to the activities of WIPO Green. It explores possible ways to increase the role of IP in addressing climate change issues, including limiting the availability of patents, fast-tracking certain patent applications, and promoting IP exploitation models based on sharing rather than control. Finally, it explores the benefits to be gained in developing the relationship between IP and climate change by looking more widely, to human rights and competition laws.

Other Competition Laws: Shaping Factors

2020 ◽  
pp. 115-134
Author(s):  
David J. Gerber
Keyword(s):  
Developing Countries ◽  
Latin America ◽  
East Asia ◽  
Social Stratification ◽  
Competition Law ◽  
Relevant Information ◽  
Technological Capacity ◽  
Role Of The State ◽  
Competition Laws

This chapter identifies factors that shape all competition law regimes. These “shaping factors” serve as guideposts that highlight relevant information about a regime (“here’s where to look”) and point to the most valuable questions to ask for understanding it. These include, for example: size, openness, and technological capacity of the economy; political and bureaucratic contexts of competition law; importance of the “rule of law”; and ideologies, culture, and religion, and global role of the state. A particularly influential shaping factor can create similarities among competition law regimes that are otherwise difficult to recognize. Three examples show the value of identifying such factors: East Asia (bureaucratic centralism), Latin America (embedded social stratification), and developing countries (recent colonialism). Recognizing these factors and their influence can be of great value in looking at any regime! The objective is to penetrate the details, make sense of them, and guide entry into and through them.

Competition Law Fragmentation in a Globalizing World

2015 ◽  
Vol 40 (02) ◽  
pp. 553-571
Author(s):  
Imelda Maher
Keyword(s):  
Competition Law ◽  
Critical Studies ◽  
Societal Values ◽  
Brics Countries ◽  
Globalizing World ◽  
Recent Emergence ◽  
National Competition ◽  
Competition Laws ◽  
Us Hegemony

This is a review essay of Caron Beaton‐Wells and Ariel Ezrachi (eds.), Criminalising Cartels: Critical Studies of an International Regulatory Movement (2011); David J. Gerber, Global Competition: Law, Markets, and Globalization (2010); and Ioannis Lianos and D. Daniel Sokol (eds.), The Global Limits of Competition Law (2012). It explores the fragmented nature of national competition laws in the context of globalization and several harmonizing trends: the defining role of economics, the strong influence of US antitrust economics and law internationally, and the relative insularity of competition law from other subdisciplines of law. The recent emergence of competition regimes, especially in the BRICS countries, challenges these harmonizing trends, reducing US hegemony. Economics will remain central but cultural and institutional factors that reflect societal values will become more significant. This leads to a contradiction of convergence as to the benefits of competition law internationally and continuing fragmentation along national lines.

The Role of Institutions in Generating Successful Legal Transplants: A Comparative Analysis of the Adoption of Competition Laws in India and Pakistan

2019 ◽  
Vol 14 (1) ◽  
pp. 65-89
Author(s):  
Amber DARR
Keyword(s):  
Developing Countries ◽  
Comparative Analysis ◽  
Development Economics ◽  
Competition Law ◽  
Comparative Law ◽  
Law And Development ◽  
Competition Laws ◽  
Globalized World ◽  
The Impact

AbstractIn recent years, several developing countries have adopted regulatory laws to remain relevant in an increasingly globalized world and to make a successful transition from protected to market economies. Whilst developing countries and multilateral organizations supporting them are aware that in order to succeed adopted laws must be compatible with the context for which they are intended, there is less clarity as to the processes through which compatibility is generated. This article draws upon comparative law and development economics literature to argue that the compatibility of a transplant is shaped by the interplay of institutions through which it is adopted. The article also argues that in addition to compatibility, a transplant must enjoy a degree of legitimacy to be effective in the adopting country and the institutions which generate compatibility may also enhance such legitimacy. In order to understand the compatibility and legitimacy-generating potential of the interplay of adopting institutions in developing countries, the article examines and compares the adoption of competition laws by India and Pakistan in 2002 and 2007 respectively. The article also examines the impact of legitimacy on the post-adoption interpretation of competition law transplants and its significance for their implementation in either country.

Market Investigations

2021 ◽  
Keyword(s):  
Market Power ◽  
Network Effects ◽  
Switching Costs ◽  
Scale Economies ◽  
Economic Sectors ◽  
Dominant Firms ◽  
Competition Laws ◽  
Laws And Regulations

In many economic sectors – the digital industries being first and foremost – the market power of dominant firms has been steadily increasing and is rarely challenged by competitors. Existing competition laws and regulations have been unable to make markets more contestable. The book argues that a new competition tool is needed: market investigations. This tool allows authorities to intervene in markets which do not function as they should, due to market features such as network effects, scale economies, switching costs, and behavioural biases. The book explains the role of market investigations, assesses their use in the few jurisdictions where they exist, and discusses how they should be designed. In so doing, it provides an invaluable and timely instrument to both practitioners and academics.

scholarly journals COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA - 20 YEARS OF COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA

2020 ◽  
Vol 36 (3-4) ◽  
pp. 43-68
Author(s):  
Borka Tushevska
Keyword(s):  
Market Competition ◽  
Comparative Method ◽  
Competition Law ◽  
The State ◽  
Goods And Services ◽  
Role Of The State ◽  
Analysis And Synthesis ◽  
Competition Laws ◽  
The Republic

This article examines the laws in the Republic of north Macedonia (hereinafter RNM), that prohibit agreements among competitors to fix prices, divide markets or in other ways avoid or undermine market competition, otherwise known as competition laws. it explores the conditions and challenges in implementing Macedonian competition laws, as well as the role of the state (regulatory) authorities, the degree to which the competition laws comply with the European Union’s competition laws, and finally, the degree to which competition laws are effective and beneficial for the Macedonian economy. Properly implemented competition laws hold much promise. The enactment of competition laws is fundamental for the benefits of a market economy to be achieved. This encompasses economic growth, innovation, lower prices and higher quality of goods and services. The enactment of competition laws since the independence of the Republic of Macedonia1 is furthermore important. This is due to Macedonian obligations to meet the requirements for EU accession. Additionally, adoption of competition law and competition by-laws in RNM, positively affects on the work of authorities for the protection of competition. What is most important, this competition legal regime represents a base for reducing the abuse of the state authorities and theirs incompetent behaviors. At the end, the article contains conclusions, opinions and suggestions from the conducted research, which hopefully will be beneficial for the relevant auditorium. The analytical-descriptive method, the comparative method, the method of analysis and synthesis, and the method of induction and deduction were used to analyze the subject matter for this article.

Sign in / Sign up

Export Citation Format

Share Document