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 7: The informal economy and its interface with competition law and policy

Mor Bakhoum


This chapter deals with a topic which has often taken a back seat in the scholarship on competition law: the informal economy and its interface with competition law. Despite the growing literature on competition law and policy in developing and emerging economies over the last two decades, references are made to the ‘informal economy’ not only in order to acknowledge its existence and importance, but also the challenges it raises with regard to competition law and policy. How competition law and policy should approach this kind of business dealing from a theoretical point of view and how, in practice, competition authorities are trying to deal, or are not dealing at all, with the informal economy is the issue this chapter undertakes to wrestle with. The issue of informality and competition law is gaining traction, very slowly. Hence, it is common in the scholarship dealing with competition law in developing countries to refer to the informal economy as a characteristic of their economies. In 2009, an OECD round table on ‘Competition Policy and the Informal Economy’ provided useful insights on the challenges that the informal economy poses to competition law, from both a theoretical and a practical point of view. In addition to defining what informality is and providing information on how differently the concept of ‘informality’ can be defined, as well as its importance in many developing countries, the report identifies some negative effects the informal sector has on the economy.

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