Competition Law and Antitrust: A Global Introduction and Guide

Author(s):  
David J. Gerber

Competition law shapes the conduct of business firms by deterring conduct that can harm both private interests—businesses and their employees, owners, and customers—and public interests such as the efficiency of markets, economic development, economic growth, and perhaps even social and political and economic stability. Despite its often immense importance, competition law is often poorly understood, and there are major differences among competition law regimes. This Guide makes competition law understandable and accessible to people everywhere. It provides a new set of tools that help the reader to make sense of competition law in any country and to recognize differences among them. It presents an integrated picture of competition law that is both domestic and global, and it uses this view to cut through the vast amount of data about competition laws and shape it to maximize access and understanding. It asks a central question: What factors influence decisions? Decisions in any competition law regime are often influenced by factors outside the host country, so the Guide shows how competition laws influence each other. It pays particular attention to the most influential competition law regimes—US and EU—and notes patterns of competition law in East Asia, Latin America, and developing countries.

Author(s):  
Cheng Thomas K

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.


2020 ◽  
Vol 65 (1) ◽  
pp. 164-172
Author(s):  
Frederic Jenny

In their book Making Markets Work for Africa, Eleanor Fox and Mor Bakhoum argue that competition law and policy can be made more relevant for the inclusive growth of developing countries if a bottom-up approach is followed. They suggest that the most detrimental obstacles to competition faced by each country differ with their stage of economic development and that national competition laws should therefore be designed so as to allow each country to address the specific challenges it faces. This essay discusses the approach of the authors and points to some areas where further research is warranted in light of the recent experience of Sub-Saharan African countries.


Author(s):  
Davinder Singh ◽  
Jaimal Singh Khamba ◽  
Tarun Nanda

Micro, Small and Medium Enterprises (MSMEs) have been noted to play a significant role in promoting economic growth in less developed countries, developing and also in developed countries. Worldwide, the micro and small enterprises have been accepted as the engine of economic growth of any nation. Small and Medium Enterprises are the backbone of the economies, because it trigger employment, output, export, poverty alleviation, economic empowerment, economic development etc. in developed as well as in developing countries. It is more important to developing countries as the poverty and unemployment are burning problems. MSMEs have been playing a momentous role in overall economic development of a country like India where millions of people are unemployed or underemployed. Therefore, the growth of small sectors is essential for the growth in the GDP, employment generation, total manufacturing production and export. India, being one of the fastest growing economies of the world, needs to pay an honest attention for the utmost growth of MSMEs for its increased contribution in above areas.


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.


Author(s):  
Sue Claire Berning ◽  
Judith Ambrosius

The purpose of this paper is to critically analyze the economic development impact of multinational enterprises (MNEs) in developing countries. In particular, the relationship between MNEs' developmental effect on economic growth and poverty reduction and their use of human resource management (HRM) practices will be examined. The regional focus will be on Chinese MNEs in Africa. The paper is conceptual in nature by analyzing relevant key literatures, investigating cases of Chinese MNEs in Africa, and finally deriving a systematic conceptual framework.


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.


2019 ◽  
Vol 11 (8) ◽  
pp. 2389 ◽  
Author(s):  
Wang ◽  
Le

Foreign direct investment (FDI) and corporate social responsibility (CSR) spending are one of the major factors in improving sustainable economic development of a country. Therefore, this study focuses on the multi criteria application of FDI and sustainability factors (CSR spending) in various developing countries to explore its impact and decision making for sustainable economic growth. The study uses a case study methodology whereby FDI, exchange rate, and CSR expenditure data from 20 countries were used to assess the efficiency in sustainable economic growth. Data were collected from the World Bank for 20 Asian and African developing countries during 2012–2017 and analyzed using GM (1,1), mean absolute percentage error (MAPE), Malmquist productivity index (MPI)-data envelopment analysis (DEA), and the slacks-based measure of efficiency (SBM) model. Correlation analysis is used to find the relationship for FDI, CSR, exchange rate, gross domestic product (GDP), and GDP per capita (GDPPC). The results of the Malmquist productivity index and the frontier effect clearly highlight that a few countries have witnessed a great improvement in terms of productivity and technological progression. Therefore, the decision makers must adopt the model of those countries with respect to sustainable development of the nation. This study helps developing nations as well as researchers to benchmark efficient countries and follow their strategies to develop a new one for utilizing FDI and CSR spending in sustainable economic development. The study also helps policy makers in multi criterion application of FDI and CSR for decision making in economic development.


2020 ◽  
Vol 2020 ◽  
pp. 1-10
Author(s):  
Salman Hanif ◽  
Dong Mu ◽  
Saranjam Baig ◽  
Khalid Mehmood Alam

The modern logistics industry has opened new strategic perspectives in establishing its interrelation with economic growth. In recent years, understanding such an overlap has become a policy issue considering ever-increasing factors and their influence on this relation. Most existing studies have explored this interaction from a general perspective, or for developed countries. This paper explores time-series analysis of the dynamic variables and their inter-related influence in both the short and long run on the relationship between modern logistic industry and economic growth—a more specific perspective, particularly for developing countries. Accordingly, we exemplify our analysis by employing the vector autoregression (VAR) model to the most updated time series data of investment in the logistics industry and the economic growth of Pakistan from 1990 to 2018. The empirical findings endorse the previous studies’ outcomes and recognize the importance of sustainable economic development concerning continuously improving the logistics industry. However, a unidirectional relation is observed that economic growth leads to developing the logistics industry—economic growth exerts a significant demand-pull effect on Pakistan’s logistics. It implies that logistic industrial development is comparatively quicker in the geographical areas where economic growth is higher than those areas where economic growth is low. To conclude this study’s findings, logistics industry reforms should prioritize the selected geographical areas in improving the economy that would lead to the modern logistics industry’s development. As the model adopts Pakistan’s context, the overall statistical analysis can be generalized to other developing economies. These results would be of particular interest to strategy makers working in developing countries and help them design and develop modern transportation and logistics, coupled with interlinked technological factors, which would attract investment in the logistics industry for sustainable economic development.


2018 ◽  
Vol 39 (1) ◽  
pp. 183-214 ◽  
Author(s):  
Ivana Kunda

<span>Issues arising in the context of determining the law governing competition law breaches are numerous and complex. The situation is no different following the harmonisation of the national rules as a result of the recently adopted Directive on damages for infringements of the competition law provisions. This paper is aimed at scrutinising various such issues, in particular it deals with interpretation of the concepts found in Article 6(3) of the Rome II Regulation on the law applicable to non-contractual obligations and the related aspects of interaction between EU and national competition laws. From the scope of application ratione materiae of the mentioned conflict-of-law provision and defining the “market” as an essential component of the connecting factor lex mercati, to the functioning of the general provisions aimed at protecting public interests, the author presents the opposing views expressed in legal theory and points out the principles which should be taken into account in the course of the analysis. Additional emphasis is put on the thorny questions which originate from erroneous translation of the EU legislation into the Croatian language.&nbsp;</span>


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