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Competition Law and Development$
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Daniel D. Sokol, Thomas K. Cheng, and Ioannis Lianos

Print publication date: 2013

Print ISBN-13: 9780804785716

Published to Stanford Scholarship Online: January 2014

DOI: 10.11126/stanford/9780804785716.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 19 October 2019

Who Needs Antitrust?

Who Needs Antitrust?

Or, Is Developing-Country Antitrust Different? A Historical-Comparative Analysis

Chapter:
(p.52) 3 Who Needs Antitrust?
Source:
Competition Law and Development
Author(s):

Aditya Bhattacharjea

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804785716.003.0004

This chapter questions the recent trend toward adoption of antitrust laws in developing countries. It first undertakes a historical review to show that today's advanced countries enacted and implemented such laws at a relatively late stage in their development, motivated by a variety of economic and non-economic reasons. Transplantation of such laws into very different institutional settings is inadvisable. The chapter argues that recent changes in antitrust economics as well as development studies require a more nuanced approach to antitrust in developing countries. It should be based on robust and easily enforceable principles, and focused on addressing anticompetitive conduct that impinges on the basic needs of the poor, especially with regard to essential consumer goods, agriculture, and health care. The chapter concludes by making a case for greater antitrust cooperation between developing countries.

Keywords:   Antitrust, competition policy, history, developing countries, economic development, rule of law, capabilities approach, cooperation

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