Table of Contents

The Economic Characteristics of Developing Jurisdictions

The Economic Characteristics of Developing Jurisdictions

Their Implications for Competition Law

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

There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these should be placed at the heart of analysis when considering which competition laws are judicious. Through examining different factors that influence the adoption and implementation of competition laws in developing countries, this book illustrates the goals of such laws, the content of the legal rules, and the necessary institutional, political, ideological and legal conditions that must complement such rules. The book integrates development economics with competition law to provide an alternative vision of competition law, concluding that ‘one competition law and policy size’ does not fit ‘all socio-economic contexts'.


Michal S. Gal and Mor Bakhoum

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


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.