Regulation of Competition in the Telecommunications Sector: A Comparative Study of the Korean and Nigerian Legal Regimes

The liberalisation of telecommunications sectors in many countries has brought with it the need to regulate and develop regulatory models for competition. South Korea and Nigeria followed the liberalisation trend of the telecommunications markets in late 1980s and 1990s. Both countries have also established competition laws and adopt various regulatory models. This paper, through a comparative analysis, examines how both countries regulate competition in their telecommunications markets. It argues that their regulatory models have merits and demerits which may affect efficient regulation of competition in the industry. It concludes that notwithstanding the pros and cons of their regulatory models, the regulatory choices are tailored to meet the peculiarities of their markets and reflect the environment in which they are used. Also, the Nigerian model reflects its slow level of telecommunication development and the more sophisticated the industry becomes, it becomes imperative for its regulatory regime to become sector-specific.

Market Investigations

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.

A Comparative Study of China's Competition Law and Cameroon's Competition Law; With Specific Regards to Challenges in the Implementation of Competition Law in China and Cameroon

This study aims to investigate and compare the competition laws of Cameroon and China, with a focus on the limitations and constraints of competition law implementation in Cameroon and China. By comparing the Competition Laws of China and Cameroon, the research intends to determine whether there are any limits in the implementation of Competition Law in Cameroon and China. To examine and get results for the research’s many goals and objectives, this study uses qualitative data analysis. Competition legislation has had a considerable impact on China's economy in recent years, and it will eventually have an impact on trade policies that are directly tied to the international market. During our research, we discovered that competition law regulations have an impact on national and international trade in each country. And we realized that Cameroon's competitiveness policies are in some ways behind the times in the twenty-first century. As a result, there is a growing need to look into the divergence between China's competition law and Cameroon's competition law in order to assist Cameroonian competition law authorities in updating and making structural changes to Cameroon's competition legislation. These revisions will improve Cameroon's national and international trade policies, but they will have a substantial influence on the country's current economy. There may be some takeaways for China's competitive law policymakers as well. There is no academic work of this kind after a vast range of research, and this will be a wonderful opportunity to introduce creative work to this academic sector. The Anti-Monopoly Law of China has greatly evolved in the past years and there has been amendments and structural adjustments in the past years, which is very great, because Competition Law plays a great role in the economic progress of each country. As a result, the purpose of this study is to identify any obstacles to the implementation of Cameroon's Competition Law (Law No.98/013 of 14 July 1998) and China's Anti-Monopoly Law (2008).

MODERN MEANS OF ANTITRUST CONTROL OVER COMPLIANCE WITH COMPETITION LAWS

The article discusses the concept of antimonopoly control, as well as its focus and main functions; the existing methods and means of antimonopoly control are analyzed, a subjective assessment of their effectiveness is given based on the analysis of the reporting of the controlling and judicial authorities for the period of the last two years.

1. Competition policy and economics

This chapter provides an overview of competition law and its economic context. Section 2 describes the practices that competition laws attempt to control in order to protect the competition process. Section 3 examines the theory of competition and gives an introductory account of why the effective enforcement of competition law is thought to be beneficial. Section 4 considers the goals of competition law. Section 5 introduces two key economic concepts, market definition and market power, that are important to a better understanding of competition policy. The chapter concludes with a table of market share figures that are significant in the application of EU and UK competition law, while reminding the reader that market shares are only ever a proxy for market power and can never be determinative of market power in themselves.

2. Overview of EU and UK competition law

This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law in those jurisdictions. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.

Is the Consumer Welfare Obsolete? A European Union Competition Law and Competition Perspective

In 2005, the European Commission advocated for a more economic approach to enforcing competition laws. The sole criterion for assessing the lawfulness of a market practice should be the appraisal of its net effect on consumer welfare. The Court of Justice was reluctant to adopt such an approach until its 2017 Intel Judgment. Its endorsement—which is debatable insofar as the judgment may give rise to different interpretations—may appear paradoxical in that it is concomitant with a sharp challenge to the consumer welfare criterion in the United States. The purpose of this article is to retrace the history of this criterion, particularly its adoption in the context of EU competition law. We aim to show that the criticisms of the effects-based approach can be addressed not by moving away from the consumer welfare criterion but by integrating it into a broader perspective that also takes into account the protection of the competition process itself.

WHAT INFLUENCES ADOPTION OF COMPETITION LAW? THE CASE OF ASEAN ECONOMIES

We investigate the factors that influence adoption of competition law using a panel of countries from 1970 to 2015. We find that in addition to development level, trading arrangements and peer pressure have also influenced adoption. The spread of competition laws adopted from Western precedents left a question regarding the extent they have been tailored to the diverse circumstances of the Association of Southeast Asian Nations countries. We document the nature, structure, conduct and scope of competition laws by comparing and contrasting the experience of the Philippines and Thailand. Our descriptive analysis reveals that the force and influence of the law are not entirely dependent on early adoption.