Competitive Advantage and Competition Policy in Developing Countries
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Competitive Advantage and Competition Policy in Developing Countries

  • The CRC Series on Competition, Regulation and Development

Edited by Paul Cook, Raul Fabella and Cassey Lee

The book discusses competition from different theoretical perspectives and examines the implications these viewpoints have for policy. The contributors assess competitiveness in domestic markets and the impact of foreign competition. They also review the experiences of a range of countries in developing competition policy and examine both the strengths and weaknesses of these policies.
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Chapter 3: Model Competition Laws

Cassey Lee

Extract

3. Model competition laws Cassey Lee INTRODUCTION The number of countries that have implemented competition law has risen significantly in the past two decades. More than half of such countries enacted competition laws within the 1990–99 period – the decade of extensive economic reforms. The drafting of competition laws in these countries benefited from the experiences of some of the more developed countries or communities such as the United States, Japan, Germany and the European Community. There is in fact a discernable legal lineage in the competition laws of some countries (Table 3.1). For example, Thailand, in drafting its own competition law, borrowed from South Korea, which in turn was influenced by the competition laws of Japan and Germany. It is well known that both Japan and Germany implemented their competition laws during the occupation period by the United States. International aid and development agencies such as the OECD, the World Bank and UNCTAD have also been influential in prompting developing countries to implement competition laws. Both Indonesia and Thailand implemented their competition laws as part of their commitments in the structural adjustment programmes in the aftermath of the Asian financial crisis in 1997/98. Similarly, South Korea made significant reforms in its competition law under similar circumstances. Table 3.1 Country Japan (1947) Australia (1974) South Korea (1980) Taiwan (1992) Thailand (1999) Indonesia (1999) Country influence in competition law design Influence From USA (1890) USA (1890) Japan (1947), Germany (1957) Japan (1947), Germany (1957)...

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