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Antitrust is 'a blunt instrument aimed at the wrong problem'. So
say the authors of this provocative and contentious book, both of
them well-known for providing antitrust support and training in
many developing economies and for serving as antitrust experts on
behalf of private parties targeted by antitrust authorities.
Drawing on their wide experience, they describe how antitrust/
competition rules in developing economies curtails innovation and
entrepreneurship under what the U.S. Supreme Court has blasted as
the 'chilling effects of false positives'. Moreover, they point
out, entrenched interest groups in developing countries quickly
discover that soliciting preferential treatment from the state,
which leads to state-sponsored non-tariff barriers, is more
attractive than private cartelization, not least because it is
perfectly legal and thus beyond the reach of antitrust law
enforcement efforts. What the authors offer is a thoroughgoing
analysis clearly demonstrating that, whatever economic path
developing countries pursue, imposing Western-style antitrust
regimes will engender uncertainty, chill economic behaviour, and
foster an unhealthy climate for business. They employ the
influential error-cost methodology to appraise the performance of
competition policy and to show how such a policy creates
irresolvable tensions in fragile economies with weak institutions -
economies characterized by informal rules of business practice,
long-standing symbiotic business state relationships, and
unpredictable state action. They mount a powerful critique of the
arguments of neo-institutionalists (who fail to recognize the
vulnerable nature of emerging market economies) and competition
'advocates' (who presume to stand ready and vigilant to enforce
competition policy on state entities). But competition policy in
developing economies is not an irremediable mistake. Such regimes
need not adhere to an inappropriate Western model, the authors
maintain, to find cheaper and more effective ways to foster
competition. As a detailed and insightful description and framework
defining the limits to antitrust in developing (and especially
least-developed) countries, this study promises to extend the
debate that should precede any consideration of globally extending
competition policy in its current version. Crafters of policies and
rules in competition law and administration cannot fail to gain in
depth of understanding from this new approach to the subject.
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