Competition Policy and Regional Integration in Developing Countries
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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.
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Chapter 14: Regional Agreements of Developing Jurisdictions: Unleashing the Potential

Michal S. Gal and Inbal Faibish Wassmer


Michal S. Gal and Inbal Faibish Wassmer* 1. INTRODUCTION Regional competition agreements (RCAs) hold great potential for overcoming the major enforcement problems of developing jurisdictions. Indeed, it is no coincidence that the past two decades have seen an unprecedented upsurge in the number and scope of such agreements, especially in the developing world. Such agreements include, inter alia, in the Americas: MERCOSUR (the Southern Common Market); in the Caribbean: CARICOM (the Caribbean Community); in Africa: COMESA (the Common Market for Eastern and Southern Africa), WAEMU (the West African Economic and Monetary Union), ECOWAS (the Economic Community of West African States), SEACF (the Southern and Eastern Africa Competition Forum), CEMAC (the Economic and Monetary Community of Central Africa), SACU (the Southern African Customs Union), EAC (the East African Community) and SADC (the Southern African Development Community); and in Asia: ASEAN (the Association of South East Asian Nations). Most of these agreements are not specific to competition law, but involve other issues as well, mostly trade. In some, competition-law issues play a central role1 while in others competition law serves only as a * We thank Mor Bakhoum, Alberto Heimler and Tamar Indig for most helpful comments and the German-Israeli Foundation for their financial support. 1 See, e.g., COMESA (2008), Aide Memoire: Trade Capacity Building: Strengthening the COMESA Trade Region through a Culture of Competition. 291 Columns Design XML Ltd / Job: Drexl-Competition_Policy_and_Regional_Integration 1 / Date: 5/7 / Division: 14_Gal_Wassmer_typeset /Pg. Position: JOBNAME: Drexl PAGE:...

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