Table of Contents

The Goals of Competition Law

The Goals of Competition Law

ASCOLA Competition Law series

Edited by Daniel Zimmer

What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and, if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare.

Chapter 23: A Social Approach to the Goals of Competition Law in Developing Countries – Comment on Bakhoum

Karounga Diawara

Subjects: economics and finance, law and economics, law - academic, competition and antitrust law, law and economics


Karounga Diawara* 1 INTRODUCTION Reflecting on the goals of competition law in developing countries is a big challenge because there are at least two obstacles and difficulties; the first is their disparate nature. The developing countries are not at the same level of development: for instance, can we compare the development level of Brazil, India or South Africa with that of Belize, Senegal or Mali? This heterogeneity is an important aspect to take into consideration when analysing the goals of competition law in developing countries. The second difficulty is the importance of the so-called informal sector in their economies. In many developing countries, most enterprises are informal: they are not registered and they do not pay income, sales, or property taxes. Informal enterprises account for the vast majority of businesses, the majority of non-agricultural employment and an important share of national output in developing countries. The informal sector accounts for 60 per cent of economic activity in Peru, 50 per cent in Uruguay and approximately 42 per cent in Nigeria.1 It is obvious that this situation has important implications for competition law and its enforcement. From this standpoint the previous chapter by Mor Bakhoum is very interesting because it overcame these two difficulties. Bakhoum points out the convergence between developed and * Professor at the Faculty of Law of University Laval, Quebec City, Canada. 1 G Oliveira (2006), ‘Can competition help nations meet the millennium development goals?’, presented at the workshop: ‘The development dimension of competition law and policy: economic...

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