Conclusion

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Public Support ◽  
Competition Law ◽  
Consumer Welfare ◽  
Legal Rule ◽  
It Convergence ◽  
Domestic Environment ◽  
Legal Principles ◽  
Legal Rules ◽  
Convergence And Divergence

This concluding chapter argues that competition law enforcement is doubly demanding for authorities in developing countries that are often strapped for cash, bereft of experienced personnel, and subject to political interferences. Limited funding means that developing country authorities must select their cases carefully and set their enforcement priorities judicially to maximize their impact on consumer welfare and to help garner public support. Moreover, the lack of enforcement capacity, especially the ability to undertake complex economic analysis, would require a simplification of the legal rules. Ultimately, it is ill-advised for developing countries to transplant legal principles wholesale from the advanced jurisdictions without considering whether the original bases and justifications for these principles are applicable to their domestic environment. This is not to say that developing countries must diverge from the advanced jurisdictions in every instance. There may be situations where the same legal rule can equally apply in developing countries. Whatever decision developing countries make with respect to the transplantation of competition law, be it convergence and divergence, it should be judicious and informed.

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.

Introduction

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
Competition Law ◽  
The United States ◽  
Implicit Assumption ◽  
The European Union ◽  
Legal Principles ◽  
Competition Law Enforcement ◽  
Development Agenda

This introductory chapter provides an overview of competition law in developing countries. Following the proliferation of competition law across the globe in the last few decades, developing countries now comprise a majority of the jurisdictions that have in place a competition law. At least in terms of the language of the main substantive provisions on restrictive agreements and abuse of dominance, many of these new jurisdictions have chosen to follow the U.S. and the EU models. However, the proliferation of competition law regimes has given rise to a fear of balkanization of competition law enforcement and an excessive compliance burden for businesses, especially multi-national corporations. Out of this fear grew the rallying cry for convergence. The implicit assumption behind the drive for convergence is that there exists one or a handful of models of competition law enforcement that are suitable for most countries across the globe, to which new jurisdictions are expected to converge. Some commentators and officials have challenged this, questioning whether the legal principles regulating markets in the industrialized economies of the United States and the European Union can be transplanted directly to developing countries. Apart from the need to tailor to the local economic environment, competition law must contribute to the economic growth and development agenda of developing countries.

Competition Policy for the New Era

2018 ◽  
Keyword(s):  
Developing Countries ◽  
Emerging Economies ◽  
Competition Policy ◽  
Competition Law ◽  
Critical Discussion ◽  
Industrialized Countries ◽  
Collective Wisdom ◽  
Brics Countries ◽  
Law And Policy ◽  
The World

This book presents a new stage in the contributions of the BRICS countries (Brazil, Russia, India, China, and South Africa) to the development of Competition Law and policy. These countries have significant influence in their respective regions and in the world. The changing global environment means greater political and economic role for the BRICS and other emerging countries. BRICS countries are expected to contribute nearly half of all global gross domestic product growth by 2020. For more than a century, the path of Competition Law has been defined by the developed and industrialized countries of the world. Much later, developing countries and emerging economies came on the scene. They experience many of the old competition problems, but they also experience new problems, and experience even the old problems differently. Where are the fora to talk about Competition Law and policy fit for developing and emerging economies? The contributors in this book are well-known academic and practising economists and lawyers from both developed and developing countries. The chapters begin with a brief introduction of the topic, followed by a critical discussion and a conclusion. Accordingly, each chapter is organized around a central argument made by its author(s) in relation to the issue or case study discussed. These arguments are thoughtful, precise, and very different from each another. Each chapter is written to be a valuable freestanding contribution to our collective wisdom. The set of case studies as a whole helps to build a collection of different perspectives on competition policy.

scholarly journals Harmonising Private Enforcement of Competition Law in Central and Eastern Europe: The Effectiveness of Legal Transplants Through Consumer Collective Actions

2015 ◽  
Vol 8 (12) ◽  
pp. 33-59
Author(s):  
Katalin J. Cseres
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Competition Law ◽  
Private Enforcement ◽  
Collective Actions ◽  
Legal Rules ◽  
Eu Member States ◽  
Harmonization Process ◽  
Effective Remedy ◽  
Law Making

The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or consumers cannot apply existing rules or are unwilling to do so, then both their right to an effective remedy and the public policy goal of private enforcement remain futile. Analyzing collective compensatory actions in CEE countries (CEECs) places the harmonization process in a broader governance framework, created during their EU accession, characterized by top-down law-making and strong EU conditionality. Analyzing collective consumer actions through this ‘Europeanization’ process, and the phenomenon of vertical legal transplants, raises major questions about the effectiveness of legal transplants vis-à-vis homegrown domestic law-making processes. It also poses the question how such legal rules may depend and interact with market, constitutional and institutional reforms.

scholarly journals Reception of Social Legal PrinciplesState Law-Making Institutions

2018 ◽  
Vol 5 (3) ◽  
pp. 58-62
Author(s):  
A Yu Garashko
Keyword(s):  
Positive Impact ◽  
Public Support ◽  
Legal Regulation ◽  
State Standards ◽  
Legal Principles ◽  
State Institutions ◽  
Functional Methods ◽  
Standards Of Conduct ◽  
The Individual ◽  
Methods Of Learning

The purpose of this article is to analyze the feasibility and the basic mechanisms of borrowing of the individual benefits of the standards of conduct, the current in society (public legal principles), the activities of state authorities. The author comes to the following conclusion: reception of the socio-legal basis of state institutions capable of providing public support for the implementation of state standards; positive impact on the rule of law and the lawmaking process; to determine the restoration of the unity of law as a system that combines public and state foundations; seamlessly integrate the benefits of state and public began legal regulation. The methodology used in the preparation of this study presented a systematic, functional methods of learning; methods of induction, comparison and analysis. In addition, the author relied on the General dialectic method of cognition. Applications received by the author’s findings and conclusions are the theory of state and law, jurisprudence, philosophy of law, constitutional law.

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