• Corpus ID: 203693157

Competition Law in the developing world : The why and how of adoption and its implications for international competition law

@inproceedings{Dina2008CompetitionLI,
  title={Competition Law in the developing world : The why and how of adoption and its implications for international competition law},
  author={Dina and I. and Waked},
  year={2008}
}

• Dina, I., Waked
• Published 2008
• Economics

Over the last decade most developing countries have adopted competition laws that aim at preventing anticompetitive and monopolistic practices and that facilitate efficient competitive environments. The motives to adopt these laws have varied. In some instances, rules have been adopted over the course of many years in response to local pressures, in order to mend behaviours imposing social costs on societies. In other instances, rules have been recommended as tools to achieve development. In yet other circumstances, they were imposed through treaties and international pressure. Most developing countries either adopted competition rules in response to recommendations of international institutions or because of various obliging treaties they signed. In an attempt to benefit from the experiences of countries preceding them in enacting competition rules, newly adopting countries passed rules modelled on the legislations of developed countries.This mode of adopting competition rules does not always address local needs, legal institutions or general conceptions of the rule of law. However, the common denominator is that competition rules are essential to abolish undesirable practices that hamper progress, innovation, growth and development. This article provides an in depth analysis of the phenomena of adoption of competition laws across the developing world. The reasons behind this heightened interest in competition law codification are examined to assess why countries adopt competition laws. Then the issue of how do they draft their legislation is tackled. Followed by an inquiry into whether developing countries need different laws than those adopted in the West. The following will summarise the different parts of the article.