Adoption of Antitrust Laws in Developing Countries: Reasons and Challenges
The journal of law, economics & policy
193 - 229 p.
Antitrust, Competition Law, Developing Countries
[Abstract: This paper offers a detailed account of the encounter of developing countries with antitrust laws. It analyzes the phenomenal spread of these laws in the developing world since the early 1990s, the reasons why they adopted these laws, the challenges they face and the competition laws that fit their needs. It shows how these laws were initially adopted due to international pressure and treaty conditionality. It also shows that, contrary to prescriptions, the laws adopted are not drafted to address the special needs of developing countries and are simply cut-and-pasted from the laws of advanced nations. It highlights how this reality offers a further challenge to the implementation of these laws. This makes formatting a competition policy that is unique and tailored to the country’s needs a priority that should guide the implementation of these laws.]