Their Implications for Competition Law
Edited by Michal S. Gal, Mor Bakhoum, Josef Drexl, Eleanor M. Fox and David J. Gerber
In its role of safeguarding the competitiveness of the market by monitoring and prohibiting anti-competitive conduct of economic actors, competition law is closely linked to markets. Markets, however, are not uniform in their characteristics. The degree of competitiveness and access to a given market determines to a great extent how far competition law and policy can go in correcting market failures and in restoring competition. Furthermore, a jurisdiction’s institutional, political and cultural characteristics influence the content and enforcement of competition law and policy. These characteristics are not static. They evolve and change over time, influenced, inter alia, by experience and learning. The subject of how a country’s special characteristics affects its competition law and policy has attracted much discussion and research. More specifically, the emergence of scholarship dealing with competition law in developing jurisdictions over the past two decades provides useful insights on the specificities of developing jurisdictions that should inform their competition law and policy. While a lot of the discussion is knowledgeable and insightful, previous research projects generally focus on one or more issues or, more commonly, on one or more country or region, but do not provide a comprehensive analysis of competition law in developing jurisdictions.