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

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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.
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Niv Zecler, Michal S. Gal and Yariv Ilan

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Michal S. Gal and Mor Bakhoum

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Tamar Indig and Michal S. Gal

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Michal S. Gal and Eran Fish

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Tamar Indig and Michal S. Gal

In the past two decades the number of jurisdictions which have empowered their competition authorities to engage in market inquiries (MIs) has grown substantially. Although jurisdictions differ in the scope and procedure adopted for such studies, they all share an important common trait: the attempt to allocate the roots of limited competition in the studied market. Market studies differ from traditional competition law tools in their triggers, range, object, and the level of pro-activity of the competition authority. They are not triggered by a suspicion of anti-competitive conduct of specific firms, but rather allow the authority to use a broad prism which focuses on a wider set of potential obstacles to competition, including the authority’s own past conduct, in order to find ways to enhance competition. MIs entail many advantages. Yet bestowing this power upon a competition authority is not self-explanatory. Furthermore, it is far from costless. Beyond the direct costs imposed on both the authority and market participants, MIs often carry less tangible price tags. They raise a host of constitutional, democratic and practical issues that have not been thoroughly studied as of yet, and these are the focus of this chapter. In examining these issues, the chapter builds, inter alia, on the recent administrative law literature which focuses on multi-agency interactions. Accordingly, this chapter seeks to provide a synergetic analysis of MIs for the benefit of policymakers.
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Michal S. Gal and Eleanor M. Fox

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Michal S. Gal and Inbal Faibish Wassmer