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Competition Law in Developing Countries (Hardcover, 1)
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Competition Law in Developing Countries (Hardcover, 1)
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This book brings together perspectives of development economics and
law to tackle the relationship between competition law enforcement
and economic development. It addresses the question of whether, and
how, competition law enforcement helps to promote economic growth
and development. This question is highly pertinent for developing
countries largely because many developing countries have only
adopted competition law in recent years: about thirty jurisdictions
had in place a competition law in the early 1980s, and there are
now more than 130 competition law regimes across the world, of
which many are developing countries. The book proposes a customized
approach to competition law enforcement for developing countries,
set against the background of the academic and policy debate
concerning convergence of competition law. The implicit premise of
convergence is that there may exist one, or a few, correct
approaches to competition law enforcement, which in most cases
emanate from developed jurisdictions, that are applicable to all.
This book rejects this assumption and argues that developing
countries ought to tailor competition law enforcement to their own
economic and political circumstances. In particular, it suggests
how competition law enforcement can better incorporate development
concerns without causing undue dilution of its traditional focus on
protecting consumer welfare. It proposes ways in which approaches
to competition law enforcement need to be adjusted to reflect the
special economic characteristics of developing country economies
and the more limited enforcement capacity of developing country
competition authorities. Finally, it also addresses the
long-running debate concerning the desirability and viability of
industrial policy for developing countries. The author would like
to acknowledge the Research Grants Council of Hong Kong for its
generous support. The work in this book was fully supported by a
grant from the Research Grants Council of Hong Kong (Project No.
HKU 742412H).
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