Table of Contents

Competition Policy and Regional Integration in Developing Countries

Competition Policy and Regional Integration in Developing Countries

Edited by Josef Drexl, Mor Bakhoum, Eleanor M. Fox, Michal S. Gal and David J. Gerber

The book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. Although it holds many promises for developing countries, some challenges must be overcome for the process of creating a regional market and applying a competition law, to be successful. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and help developing countries fully enjoy the benefits deriving from a regional market.

Chapter 9: Implementing Effective Competition Policy through Regional Trade Agreements: The Case of CARICOM

Delroy S. Beckford

Subjects: development studies, law and development, law - academic, competition and antitrust law, law and development

Extract

Delroy S. Beckford 1. INTRODUCTION In this chapter we examine the governance arrangements in CARICOM for the implementation of effective competition policy through a regional trade agreement (RTA), how the nature of the governance arrangements operates to achieve Community competition policy, and the challenges posed for implementing effective competition policy, not only in balancing competing objectives but in overcoming constitutional hurdles that affect administrative design and the implementation and enforcement of competition policy. Our examination proceeds on the premise that effective implementation of competition policy for small developing countries with resource constraints requires some level of centralized enforcement to monitor and remedy cross-border anti-competitive conduct, but that decentralized enforcement may be necessary to give effect to development objectives or to discipline anti-competitive conduct that originates in, and whose effect is confined to, a particular member state. For our purposes, competition policy refers to the ‘full array of government policy measures that influence competition in domestic markets’.1 These include instruments of trade policy such as tariffs but also effective implementation and enforcement of competition law. Here, competition policy is treated as the body of rules, regulations, decisions, administrative 1 See paper by Hassan, Qaqaya (2009), ‘Competition Policy and its Relevance to Trade and Development’, Regional Seminar on Trade and Competition: Prospects and Future Challenges for Latin America and the Caribbean, Caracas, Venezuela, 20–21 April. 185 Columns Design XML Ltd / Job: Drexl-Competition_Policy_and_Regional_Integration / Date: 29/5 / Division: 09Beckford_typeset /Pg. Position: 1 JOBNAME: Drexl...

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