Economic Characteristics of Developing Jurisdictions

Edited by Michal S. Gal, Professor and Director, Center for Law and Technology, University of Haifa, Israel, Mor Bakhoum, Max Planck Institute for Innovation and Competition, Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany, Eleanor M. Fox, Professor of Law Emerita, Walter J. Derenberg Professor of Trade Regulation Emerita, New York University School of Law and David J. Gerber, Chicago-Kent College of Law, Illinois Institute of Technology, US

• Contents: Introduction Michal S. Gal and Mor Bakhoum PART I THE ECONOMIC CHARACTERISTICS OF DEVELOPING JURISDICTIONS1. Competition Law and the Economic Characteristics of Developing Countries Simon J. Evenett2. What Features Measure Economic Competition in Developing Countries?Ignacio L. De Leon 3. Lifting the Veil: Rethinking the Classification of Developing Economies for Competition Law and PolicyTamar Indig and Michal S. Gal 4. Economic Structure and Competition Policy Application in Latin American countriesDiego Petrecolla, Esteban M. Greco, Carlos A. Romero and Juan P. Vila-Martínez5. Understanding the Economic Factors That Have Affected China’s Antimonopoly LawPin Ling and Yue Qiao PART II: SELECT COMPETITION-RELATED ISSUES AFFECTING DEVELOPING JURISDICTIONS 6. Competition Issues Affecting the Agricultural Sector in Selected Developing Countries: Key Findings from Selected UNCTAD Market Studies Ulla Schwager7. The Informal Economy and its Interface with Competition Law and PolicyMor Bakhoum 8. Bid Rigging and it’s Interface with Corruption David LewisPART III IMPLICATIONS FOR COMPETITION LAW 9. Generating Instead of Protecting CompetitionOliver Budzinsky and Maryam H.A. Beigi10. Adapting the Role of Economics in Competition Law: A Developing Country DilemmaDavid J. Gerber11. Consumer Welfare and Consumer Harm: Adjusting Competition Law and Policies to the Needs of Developing JurisdictionsJosef Drexl 12. Drafting Competition Law for Developing Jurisdictions: Learning from ExperienceMichal S. Gal and Eleanor M. Fox 13 Abuses of Dominance in Developing Countries: A View from the South, With an Eye on Telecoms Javier Tapia and Simon RobertsIndex

'This book - an edited collection of contributions by distinguished development economists and competition law specialists - develops a powerful case against a ''one size fits all'' approach to designing competition laws for developed and developing countries. With respect to the latter, differences in economic characteristics require re-thinking of the traditional objectives and instruments of intervention adopted by competition laws. . . . This impressive volume substantially advances the research and public policy-making agenda in this hitherto under-attended area of law and development.'--Michael Trebilcock, University of Toronto, Canada'This book is required reading for anyone seriously interested in the issue of competition law in developing countries. The authors offer a thoughtful, precise and relevant analysis of the economic characteristics of developing countries and derive from this analysis a nuanced, dynamic, inclusive and flexible approach to competition law in those countries. They sketch the contours of a simple competition law primarily aimed at promoting the emergence of well functioning efficient markets and at fighting market foreclosures, in particular by dominant firms. This reinterpretation of competition law and its objectives provides us with a much needed, original and solid overall framework for thinking about the challenges of competition law in developing countries.'--Frédéric Jenny, École Supérieure des Sciences Économiques et Commerciales, France