The Economic Characteristics of Developing Jurisdictions
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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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Chapter 4: Economic structure and competition policy application in Latin American countries

Diego Petrecolla, Esteban M. Greco, Carlos A. Romero and Juan P. Vila-Martínez


The relationship between competition and economic development is controversial. From a theoretical point of view, a competitive market structure should have a positive effect on economic growth. However, there is an intense discussion over the effects of the intensity of competition for innovation and economic development. In Latin America, there are no quantitative studies on the relationship between competition policy and economic structure. This chapter is a first attempt to evaluate this interaction. Additionally, the chapter addresses competition policy implementation in Latin American countries (LACs) at the national and regional level. Average GDP per capita in LACs is similar to the world’s average. However, LACs have some characteristics that differentiate them from the rest of the world: high international trade tariffs, low productivity, poverty and income inequality. Nevertheless, the countries’ GDP per capita has grown significantly during the last decade, as have some social indicators like the Human Development Index. LACs usually do not perform well from a competition policy perspective. This chapter will use quantitative analysis to examine the relationship between competition policies and GDP per capita more deeply. Additionally, we address the institutional factor, comparing competition laws and agencies’ performance in LACs in order to assess conditions for competition policy to be sustainable and effective. Finally, we also consider international and regional agreements concerning competition issues, to evaluate their effectiveness and their impact on national competition performance. The chapter is organized as follows.

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