New Competition Jurisdictions

‘The most thoughtful collection available of insights into the challenges facing new competition jurisdictions. Whish and Townley have brought together experts on approaches global, comparative and local, combined with fresh inter-disciplinary insights. By combining law, economics and political economy, what emerges are pointed commentaries, and a rich source of principles and pragmatism. This book will guide the creators and enforcers of new competition law regimes.’
– Philip Marsden, Director, British Institute of International and Comparative Law, and OFT Board Member

‘This is a wonderful volume filled with good ideas. It evolves from the Sixth Conference of ASCOLA, the world association of competition law professors, which asked a group of young scholars how new competition law systems can be made more effective, and challenged the conference participants to interrogate the ideas. The resulting book is an admirable collection of insightful papers and commentary. For all who are interested in advancing younger competition law systems and their supporting academic communities, this volume must be read.’
– Eleanor Fox, New York University School of Law, US

This book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws; institutional challenges and choices, with a specific focus on deterrence; the global perspective, with a specific focus on mergers; and a discussion of how to help young academics in new jurisdictions. Theoretical analysis is informed by practice throughout, and in particular by those considered to be at the cutting edge, either working in new competition authorities or from specialists advising them on a daily basis (such as those in the OECD and UNCTAD).

New Competition Jurisdictions will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.

Contents:

Introduction
Christopher Townley and Richard Whish

1. HSR at 35: The Early US Premerger Notification Experience and its Meaning for New Systems of Competition Law
William E. Kovacic

PART I: CHALLENGES AND OBSTACLES TO ADOPTING COMPETITION LAWS
David Lewis (Chair)

2. Designing Competition Laws in New Jurisdictions: Three Models to Follow
Heba Shahein

3. The Political Economy of Competition Law Reform in New Jurisdictions
Michelle Chowdhury

4. The Dynamics of Competition Policies in Small Developing Economies: The Central American Countries’ Experience
Claudia Schatan

Commentary on Part One Chapters
Ulla Schwager

PART II: INSTITUTIONAL CHALLENGES AND CHOICES: DETERRENCE
Michal S. Gal (Chair)

5. Increasing Deterrence in Latin American Competition Law Enforcement Regimes
Javier Tapia

6. Deterrence and Compensation in New Competition Regimes: The Role of Private Enforcement
Clifford A. Jones

7. Enforcement Priorities for New Agencies: Lessons from South Africa on the Deterrence of Cartel Conduct
Keith Weeks

Commentary on Part Two Chapters
John Davies

PART III: THE GLOBAL PERSPECTIVE
David J. Gerber (Chair)

8. Does Implementation of Merger Regulation Impede Inbound Cross-border Mergers? Analysis of Developed versus Developing Countries
Manish Agarwal

9. The Impact of Multi-Jurisdictional Concentrations on the New Competition Law Jurisdictions: A Case Study on Brazil
Marco Botta

PART IV: TEACHING AND RESEARCHING COMPETITION LAW AND ECONOMICS IN NEW COMPETITION JURISDICTIONS
Christopher Townley, Heba Shahein and Richard Whish

Index