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"Competition and the State" analyzes the role of the state across a
number of dimensions as it relates to competition law and policy
across a number of dimensions. This book re-conceptualizes the
interaction between competition law and government activities in
light of the profound transformation of the conception of state
action in recent years by looking to the challenges of
privatization, new public management, and public-private
partnerships. It then asks whether there is a substantive legal
framework that might be put in place to address competition issues
as they relate to the role of the state. Various chapters also
provide case studies of national experiences. The volume also
examines one of the most highly controversial policy issues within
the competition and regulatory sphere--the role of competition law
and policy in the financial sector.
This book, the third in the "Global Competition Law and Economics"
series, provides a number of viewpoints of what competition law and
policy mean both in theory and practice in a development context.
The vast majority of the countries in the world are developing
countries--there are only thirty-four OECD (Organisation for
Economic Co-operation and Development) countries--and yet there is
a serious dearth of attention to developing countries in the
international and comparative law scholarship, which has been
preoccupied with the United States and the European Union.
"Competition Law and Development" investigates whether or not the
competition law and policy transplanted from Europe and the United
States can be successfully implemented in the developing world or
whether the developing-world experience suggests a need for a
different analytical framework. The political and economic
environment of developing countries often differs significantly
from that of developed countries in ways that may have serious
implications for competition law enforcement.
The need to devote greater attention to developing countries is
also justified by the changing global economic reality in which
developing countries--especially China, India, and Brazil--have
emerged as economic powerhouses. Together with Russia, the
so-called BRIC countries have accounted for thirty percent of
global economic growth since the term was coined in 2001. In this
sense, developing countries deserve more attention not because of
any justifiable differences from developed countries in competition
law enforcement, either in theoretical or practical terms, but
because of their sheer economic heft. This book, the second in the
"Global Competition Law and Economics" series, provides a number of
viewpoints of what competition law and policy mean both in theory
and practice in a development context.
This is the first academic monograph on the new competition law in
Hong Kong. It provides an overview of the historical background of
the Competition Ordinance, highlighting the debate and the process
that led to the adoption of the Ordinance. It offers detailed
comparative and theoretical analysis of the key provisions of the
Ordinance, focusing on the First Conduct Rule, the Second Conduct
Rule, the exclusions and exemptions, and the procedural provisions.
It draws on overseas legislation and jurisprudence that inspired
the provisions in the Ordinance and incorporates a detailed
examination of the latest cases decided by the Competition
Tribunal. It engages in relevant academic debates and theoretical
analysis of how competition law in Hong Kong should develop in
light of its unique economic and political contexts. It concludes
by setting forth of a set of recommendations for further reform.
This is the first academic monograph on the new competition law in
Hong Kong. It provides an overview of the historical background of
the Competition Ordinance, highlighting the debate and the process
that led to the adoption of the Ordinance. It offers detailed
comparative and theoretical analysis of the key provisions of the
Ordinance, focusing on the First Conduct Rule, the Second Conduct
Rule, the exclusions and exemptions, and the procedural provisions.
It draws on overseas legislation and jurisprudence that inspired
the provisions in the Ordinance and incorporates a detailed
examination of the latest cases decided by the Competition
Tribunal. It engages in relevant academic debates and theoretical
analysis of how competition law in Hong Kong should develop in
light of its unique economic and political contexts. It concludes
by setting forth of a set of recommendations for further reform.
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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