Edited by Josef Drexl, Mor Bakhoum, Eleanor M. Fox, Michal S. Gal and David J. Gerber
Chapter 9: Implementing Effective Competition Policy through Regional Trade Agreements: The Case of CARICOM
JOBNAME: Drexl PAGE: 1 SESS: 4 OUTPUT: Tue Jul 10 16:13:59 2012 9. Implementing effective competition policy through regional trade agreements: the case of CARICOM 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,...
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