Jump to ContentJump to Main Navigation
Competition Law and Development$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 27 June 2022

Competition Law and Development

Competition Law and Development

Lessons from the U.S. Experience

(p.66) 4 Competition Law and Development
Competition Law and Development

Thomas C. Arthur

Stanford University Press

This chapter first briefly describes the founding and early development of the U.S. antitrust regime, explaining how it came to take the unique form that it did. It also describes how, and how well, the regime works and concludes with lessons for developing countries from the American experience. The primary lessons are (1) a competition law regime should not be established unless a country already has established political and judicial institutions that observe the rule of law, and (2) generalist judges are poorly suited for either the development of competition rules or their enforcement, with the single exception of a per se prohibition of obvious cartels. For everything else, either (1) a single national competition authority with power to both make and enforce policy, reviewed by generalist courts, or (2) a single expert enforcement agency that brings cases to a specialized competition court staffed by experts is far better.

Keywords:   United States competition institutions, origins of U.S. antitrust law, U.S. economic development, comparative law, U.S. and developing countries, competition law

Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.