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An Institutional Assessment Of Antitrust Policy

Author: Ignacio De León
Publisher: Kluwer Law International
ISBN: 9041124780
Size: 79.92 MB
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Antitrust policy nominally plays an instrumental public interest role. The generally accepted notion is that it is a government instrument designed to intervene in relatively unregulated markets in order to preserve rivalry among independent buyers and sellers. Competition authorities are supposed to restrain business conduct that exercises monopoly power aimed at excluding competitors or exploiting consumers and clients. Thus it can be said - although few pro-market theorists make the insight explicit - that antitrust provisions reveal mistrust of the capacity of markets to promote social welfare. The inner logic, enforcement mechanisms, and practical outcomes of antitrust provisions are all intrinsically contradictory to the natural dynamic course of market functioning. In Dr. De Leon's challenging thesis, this mistrust of the market lies at the root of antitrust policy, giving rise always to a preference towards 'predicting' the result of impersonal market forces rather than interpreting the entrepreneurial behaviour which creates those forces. And it is in Latin America that he finds the powerful evidence he needs to support his case. From the formative years of Latin American economic institutions, during the Spanish Empire, economic regulations - far from being driven by the pursuit of promoting free trade and economic freedom - have been conceived, enacted and implemented in the context of deeply anti-market public policies, trade mercantilism and government dirigisme. The so-called "neoliberal" revolution of the 1990s triggered by the Washington Consensus did not really change the interventionist innuendo of these policies, but merely restated the social welfare goal to be achieved: the pursuit of economic efficiency. Dr. De Leon presents his case against the assumption that consumer welfare orientated policies such as antitrust do really promote entrepreneurship and market goals. Paradoxically, antitrust enforcement has undermined the transparency of market institutions, in the name of promoting market competition. The author's provocative analysis marshals several sets of facts in support of his thesis, including the actual functioning of antitrust policy as reflected in case law in various Latin American countries, the preference of merger control over other less intrusive forms of market surveillance, the constrained role of competition advocacy against government acts, and the ineffective institutional structure created to apply the policy. Among the many specific topics treated are the following: government immunity; strategic industries; state-owned enterprises; politically influential groups; measurement of market concentration; the burden of proof of social welfare benefits; the role of joint trade associations and professional guilds; institutional arrangements that favour collusion; selective distribution; sector regulation; erosion of property rights; marginal role of courts in the antitrust system; leniency programs; and privatized public utilities. The growing significance of Latin America in the context of economic globalization endows this book with huge international interest. Written by a leading authority on the topic, this is the first book that presents a detailed description of Latin American antitrust law and policy as it has been developed through numerous judicial opinions. A wide variety of audiences around the world will find it of extraordinary value: competition law specialists, scholars and students of the subject, policymakers and politicians in Latin America, as well as all interested lawyers, jurists, and economists.

Latin American Competition Law And Policy A Policy In Search Of Identity

Author: Ignacio De León
Publisher: Springer
ISBN:
Size: 40.87 MB
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Thanks to the strategy of `apertura' that has characterized economic policy throughout Latin America since the debt crisis, foreign investment is on the rise and a significant degree of economic stability has been achieved. In the global arena, however, the enormous promise of Latin American trade remains only partially realized, as policy makers in the region struggle to design a `fair' level playing field for encouraging sustained and equitable development, through implementing transparent regulatory business environments across the region. Competition policy has accordingly become a major regulatory issue in both individual Latin American countries and in regional cooperation arrangements. In considering the development of the 'second generation' of regulatory policy initiatives implemented in the region, this important book analyzes the role of competition policy in the promotion of successful and sustained economic development. Examples of the vital and diverse aspects of the region's competition policy agenda covered are: comparative assessments of the legal regime of different Latin American countries for dealing with business restrictive practices, including cartels, vertical restraints, market foreclosures and mergers the increasing introduction of competition principles in the promotion of institutional reforms in the promotion of investments and technology, privatization processes, antidumping policy and trade remedies, and the regulation of public utilities the institutional factors influencing the relationship between competition authorities and other regulatory agencie The author combines the legal description of the jurisdictions reviewed with the analytical tools of institutional economics, to give a fully rounded picture of this complex and evolving subject.

Competition Law And Policy In Latin America

Author: Eleanor M Fox
Publisher: Bloomsbury Publishing
ISBN: 1847315291
Size: 74.83 MB
Format: PDF
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This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

The Reform Of Ec Competition Law

Author: Ioannis Kokkoris
Publisher: Kluwer Law International
ISBN: 9041126929
Size: 32.22 MB
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This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.

Competition Law In Latin America

Author: Marcelo Calliari
Publisher:
ISBN: 9789041149770
Size: 61.69 MB
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In the past few years Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is the first book to offer an in-depth analysis of this complex scenario. At the heart of the presentation are seven chapters detailing the competition regimes of the most active national jurisdictions in the region - Argentina, Brazil, Chile, Colombia. Mexico, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Preceding these country-by-country analyses are more general chapters on the use of economic analysis and on the special field of the information and communications technology industry, as well as chapters on the working of competition law in countries with regulated markets and in the cluster of Central American countries. Topics addressed encompass the following and more: * relevant institutions and legislation; * cartel investigations; * unilateral conduct policies; * merger review; * international coordination; * enforcement; and * remedies. Each chapter includes analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The authors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in depth-approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where is it is going to, in Latin America.

The Brics Lawyers Guide To Global Cooperation

Author: Rostam J. Neuwirth
Publisher: Cambridge University Press
ISBN: 1108246915
Size: 37.33 MB
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In the international trade and development arena, new and developing economies have created a block that is known as BRICS - Brazil, Russia, India, China and South Africa. Initially conceived to drive global change through economic growth, the financial crisis and reversal of fortunes of the BRICS nations have raised questions about their ability to have an impact on the governance of global affairs. This book explores the role of law in various areas of BRICS cooperation including: trade, investment, competition, intellectual property, energy, consumer protection, financial services, space exploration and legal education. It not only covers the specifics of each of the BRICS nations in the selected areas, but also offers innovative and forward-looking perspectives on the BRICS cooperation and their contribution to the reform of the global governance networks. This is a unique reference book suitable for academics, government officials, legal practitioners, business executives, researchers and students.

Preferential Trade Agreement Policies For Development

Author: Jean-Pierre Chauffour
Publisher: World Bank Publications
ISBN: 0821386433
Size: 40.55 MB
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The Handbook offers an introduction to the key elements of Preferential Trade Agreements (PTAs), addressing the practical economic and legal aspects of the regulatory policies in PTAs.

Handbook Of Research In Trans Atlantic Antitrust

Author: Philip Marsden
Publisher: Edward Elgar Publishing
ISBN: 1847204376
Size: 36.37 MB
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The book is handsomely produced by Edward Elgar. . . The notes contain more than citations and are well worth reading. A welcome feature is that after each set of notes there is a list of the most important writings on the topic followed by a list of the most important cases. Edward Elgar is well known in economic circles, hence the endnotes to which economists are accustomed. . . It has published several books on competition for lawyers over the last years and is a welcome entrant to the lawyers market. Valentine Korah, World Competition This extremely well done and important book collects writings by more than two dozen academics and practitioners on important topics in competition law. . . This is an excellent book, important for research by anyone who is serious about global or comparative competition policy. European Law Review This Handbook assembles a valuable collection of insightful analyses dealing with many cutting-edge issues arising in modern antitrust enforcement on both sides of the Atlantic. Philip Lowe, European Commission The contributions to this Handbook provide a comprehensive, up-to-date treatment of antitrust law in the Americas and Europe. I would recommend it to anyone who wants to learn about antitrust law and its administration in the major enforcement areas of the world. This is bound to become an important reference for antitrust students and experts. Keith Hylton, Boston University, US This comprehensive research Handbook brings together cutting-edge legal and economic analysis into antitrust issues by leading experts from Europe, the USA, Canada, Mexico and South America. The Handbook of Research in Trans-Atlantic Antitrust covers a wide-range of areas including: the meaning of consumer welfare mergers in monopsony markets unilateral effects private and criminal enforcement implementing competition policy in regulated sectors abuse of intellectual property rights competition remedies international enforcement cooperation complainants rights dominant firm pricing tying and bundling. The Handbook also includes discursive consideration of the similarities and differences among the various regimes on either side of the Atlantic, as well as a look to future trends and applications in regional and global contexts. Offering a comparative view of pressing antitrust issues, this Handbook will be of great interest to academics, lawyers, practitioners and officials.

Competition And Development

Author: Susan P. Joekes
Publisher: International Development Research
ISBN:
Size: 52.81 MB
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"This book demonstrates the importance of true and fair competition to sustainable development and an effective marketplace, touching on issues of globalization, consumer welfare, cartels and monopolies, and trade liberalization. It provides an introduction to competition, and to competition law and policy in developing countries. It focuses on the practical problems faced in developing countries and the steps that have been and can be taken to overcome those problems. It is about anticompetitive practices as they occur in developing countries and the policies that governments and citizens can promote and implement to limit the impact of such practices." "The book will be of particular interest to consumer groups and NGOs, as well as to government officials, legislators, trade negotiators, and the judiciary. Educators, students, development professionals, and business groups will also find the book useful."--BOOK JACKET.

Electoral Rules And Democracy In Latin America

Author: Cynthia McClintock
Publisher: Oxford University Press
ISBN: 0190879750
Size: 13.10 MB
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During Latin America's third democratic wave, a majority of countries adopted a runoff rule for the election of the president, effectively dampening plurality voting, opening the political arena to new parties, and assuring the public that the president will never have anything less than majority support. In a region in which undemocratic political parties were common and have often been dominated by caudillos, cautious naysayers have voiced concerns about the runoff process, arguing that a proliferation of new political parties vying for power is a sign of inferior democracy. This book is the first rigorous assessment of the implications of runoff versus plurality rules throughout Latin America, and demonstrates that, in contrast to early scholarly skepticism about runoff, it has been positive for democracy in the region. Primarily through qualitative analysis for each country, the author argues that, indeed, an important advantage of runoff is the greater openness of the political arena to new parties--at the same time that measures can be taken to inhibit party proliferation. In this context, it is also the first volume to address whether or not a runoff rule with a reduced threshold (for example, 40% with a 10-point lead) is a felicitous compromise between majority runoff and plurality. The book considers the potential for the superiority of runoff to travel beyond Latin America--in particular, and rather provocatively, to the United States.