Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition
On October 23, 2015, Concurrences Journal in partnership with New York University School of Law presented for the second time the conference, “Antitrust in Emerging and Developing Countries.” Five panels of 24 prominent speakers representing 10 jurisdictions, two eminent keynote speakers and a closing conversation with an in uential South African jurist explored the economic context and addressed the challenges and developments in competition law and po licy in emerging and developing jurisdictions. Recognizing the coming of age of developing countries’ competition law systems, the panelists (academics, enforcers and practicing lawyers) engaged in passionate debates about what this means in law, policy, and on-the ground reality for business, consumers, and the world.
The conference underscores the reality that, in this globalized business landscape, rms must have regard to the competition laws of emerging economies, including in particular China, India, Mexico, Brazil and South Africa, whether they are merging, collaborating with competitors, or designing distribution systems. Businesses are facing dedicated enforcers who are trying to make their markets work in the face of challenges posed by public and private power. The conference revealed that the challenges and therefore the responses are not always the same in the developed and developing world.
In this book, 20 prominent authors offer 13 contributions that tackle some of the most stimulating topics debated during this one-day event: Susan Ning discusses the enforcement of the Chinese Anti-Monopoly Law against state administrative monopolies; Jonathan Orszag lays out principles to guide governments from developing countries when intervening in the market and in network industries; Kirti Gupta provides an overview of the Indian experience in dealing with issues relating to FRAND patents; Aditya Bhattacharjea and Fiyanshu Sindhwani analyze the antitrust cases concerning pharmaceuticals in India; Thomas K. Cheng discusses the history of the pharmaceutical industry in China and suggests there may be future antitrust issues that the Chinese authorities will have to address; Carlos Mena-Labarthe uses the Mexican experience in enforcing competition law in the pharmaceutical sector to provide guidance to developing countries on how to implement effective competition policy in that sector; George S. Cary, Elaine Ewing and Tara Tavernia relay the concerns of the business community by arguing that the global proliferation of merger control regimes is imposing substantial and often unnecessary costs on businesses; D.M. Davis provides an illuminating discussion of South Africa’s controversial public interest approach to merger review; Samir Gandhi lays out the history of merger control in India and interestingly suggests that it may be have been in uenced by India’s industrial policy; J. Mark Gidley and Maxwell J. Hyman intriguingly use insights from institutional economics to argue that one of the indirect benefits from the proliferation of antitrust based on international best practices is the distillation of due process norms in the legal institutions of developing countries, which ultimately leads to a stronger economy; Francis Wang’ombe Kariuki and Simon Roberts discuss the historical growth of the Competition Authority of Kenya and how it has contributed to Kenya’s development goals; Mariana Tavares de Araujo analyzes how Brazil has incorporated international best practices to improve its competition law; and lastly, Timothy T. Hughes, Russell W. Damtoft and Randolph W. Tritell provide an historical overview of the US Federal Trade Commission’s technical assistance program and highlight how it has contributed to the economic development of developing countries.
This volume guides readers through some of the most important and cutting-edge issues faced by developing countries in their application of antitrust.
The editors would like to give their sincere thanks to the 20 authors for their hours of labor dedicated to this unique collection of articles.