8 A Proposed Approach

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Law Enforcement ◽  
Developing Country ◽  
Industrial Policy ◽  
Growth And Development ◽  
Competition Law ◽  
Competition Authority ◽  
Economic Growth And Development ◽  
Competition Law Enforcement

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.

Competition Law in Developing Countries

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
Law Enforcement ◽  
Developing Country ◽  
Competition Law ◽  
Competition Law Enforcement ◽  
Competition Laws ◽  
The Relationship

This book explores the relationship between competition law and economic development, which takes on growing importance as more and more developing countries have adopted competition law in recent years. The work tackles two principal questions. The first is whether competition law enforcement promotes growth, which helps to determine how seriously developing countries should enforce their competition laws. The second is how developing countries should craft their competition law rules in light of the need to incorporate development concerns, the need to reflect the special economic characteristics of developing countries, and the need to improve the administrability of competition law rules to suit the enforcement capacity of developing country authorities.

1 Basic Premise and Classification of Developing Countries

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
Growth And Development ◽  
Competition Law ◽  
Consumer Welfare ◽  
Development Economic ◽  
Economic Policies ◽  
Basic Premise ◽  
Competition Law Enforcement ◽  
Political Economic

This chapter argues that there is no one universal approach to competition law and that the design and enforcement of competition law needs to take into account the political, economic, and social circumstances of the country. Given the overwhelming obstacles to attaining economic growth and development, economic policies in a developing country must be tailored to maximize the prospect of growth and development. This means that competition law enforcement should aim to promote growth and meet development needs, even if this may lead to conflict with other objectives of competition law such as the protection of consumer welfare and the pursuit of economic efficiency. Moreover, the various classifications of developing countries suggest that there is significant diversity among them. Indeed, there are likely to be significant differences in terms of market conditions among developing countries. Thus, it is unlikely that there is a single approach to competition law enforcement suitable for all of them.

scholarly journals 4 Competition (Law Enforcement) and Economic Growth

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Economic Growth ◽  
Law Enforcement ◽  
Developing Country ◽  
Minimum Degree ◽  
Growth Models ◽  
Competition Law ◽  
Competition Law Enforcement ◽  
Conflicting Evidence ◽  
Overwhelming Evidence ◽  
High Degree

This chapter assesses whether competition promotes economic growth. In contemplating the design of competition policy in a developing country, the first question to be answered is whether a policy that aims to maximize competition with competition law enforcement will deliver economic growth and meet the development needs of a developing country. As indicated by all the growth models examined in the previous chapter, the key to economic growth is the ability to create more output for the economy with existing resources; it relies on productivity gains and innovation. The chapter then examines whether competition promotes productivity growth and innovation. Overall, there is overwhelming evidence that increased competition leads to higher productivity and economic growth. There is also very strong evidence that competition law enforcement promotes productivity and economic growth. However, it should be noted that at least one study concludes that competition law enforcement has negligible effect on economic growth. Meanwhile, there is some conflicting evidence as to whether a minimum degree of institutional capacity is needed to allow a country to benefit from the introduction of competition law. One other factor that has been traditionally given a high degree of importance for economic growth in developing countries is foreign direct investment.

13 Enforcement

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
General Public ◽  
Institutional Design ◽  
Competition Law ◽  
Financial Resources ◽  
Competition Law Enforcement ◽  
The Government ◽  
Judicial Expertise ◽  
Policy Failures

This chapter explores the myriad difficulties and obstacles for competition law enforcement in developing countries and suggests possible solutions to some of these difficulties. Competition culture is generally lacking in developing countries. In addition, developing country authorities often face a particularly challenging enforcement environment due to past policy failures by the government, especially in the context of privatization. Another major external impediment to effective competition law enforcement is the lack of political will on the part of the government to enforce the law. The chapter also looks at the lack of authority independence, financial resources, enforcement powers, availability of data, and judicial expertise. Institutional design can have a bearing on setting of enforcement priorities. Poor institutional design may take flexibility away from the authority and make it impossible for the authority to set enforcement priorities. Apart from enforcement, however, another very important part of an authority’s work is advocacy. It is through advocacy with the general public that the authority can hope to build a competition culture. Meanwhile, it is through advocacy with the government that the authority can ensure government policies do not create intractable competition problems that are beyond the capability of the authority to solve. The chapter then considers the benefits and limitations of a regional approach to competition law enforcement. Enforcement and procedure

6 Industrial Policy and Competition Law Enforcement

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Law Enforcement ◽  
Industrial Policy ◽  
Free Market ◽  
Competition Law ◽  
Growth Strategy ◽  
Competition Law Enforcement ◽  
Government Planning ◽  
National Champions ◽  
The One

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.

scholarly journals Role of tourist motivation as mediating variable on visitor decisions at Indonesian tourism village

2021 ◽  
Vol 17 (3) ◽  
pp. 88-98
Author(s):  
Martaleni Martaleni ◽  
Ernani Hadiyati ◽  
Yussi Isna Pertiwi ◽  
Ni Nyoman Kerti Yasa
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Growth And Development ◽  
The Other ◽  
Tourist Attractions ◽  
Economic Growth And Development ◽  
Tourism Sector ◽  
Global Force ◽  
Tourist Village

The tourism sector has become a truly global force for promoting economic growth and development. Therefore, the study of tourism has become an interesting topic for researchers lately. On the other hand, local tourism, generally in developing countries, is often neglected by academics and policymakers. For this reason, this study aims to examine and analyze the role of tourist motivation in mediating accessibility, amenities, and attractions on visiting decisions. This study is a survey research with an explanatory method. The population is tourists who visit the tourism village of Bumiaji, Indonesia, in the low and busy seasons. The population is infinite and the number of respondents who were interviewed is 100 respondents; data were collected by distributing questionnaires to domestic tourists who came from outside the tourist village of Bumiaji, then the data were processed and analyzed using Warp Partial Least Squares. The findings indicate that the effect of accessibility on visiting decisions is not mediated by tourist motivation. This shows that the decision of tourists to visit can be directly influenced by the time and means of transportation available. Meanwhile, the influence of amenities and attractions on the decision to visit is mediated by the motivation of tourists. This means that amenities and attractions can influence a tourist’s decision to visit if there is an urge from tourist to relax or make friends or enjoy the culture at tourist attractions, etc.

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