Developing Countries and International Competition Law and Policy

Author(s):  
Kathryn McMahon

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.


2021 ◽  
pp. 511-535
Author(s):  
Richard Whish ◽  
David Bailey

This chapter explores the international dimension of competition law from two perspectives. It begins by describing the growth of international institutions involved in the development of competition law and policy, with particular reference to the International Competition Network (the ‘ICN’), the Organisation for Economic Cooperation and Development (the ‘OECD’) and the United Nations Conference on Trade and Development (‘UNCTAD’). It then looks at a more technical issue, which is the extent to which a sovereign state (or the European Union) can apply its competition law extraterritorially to conduct beyond its borders that has a harmful effect within it: this will briefly be considered from a theoretical perspective, after which the positions in the US, EU and UK will be examined in turn. The chapter concludes by briefly examining the extent to which a state may wish to block the application of a foreign competition law to its businesses.


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.


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