Competition Policy for the New Era: Insights from the BRICS Countries

by Tembinkosi Bonakele (Editor), Eleanor Fox (Editor), Liberty Mncube (Editor)

Overview

Competition law has expanded to more than 100 jurisdictions worldwide with varying degrees of economic, social, and institutional development, raising important questions as to what is the appropriate design of competition law regimes and the interaction between competition law and economic development. This volume, comprising a selection of papers from the 4th BRICS International Competition Conference written by academic and practising economists and lawyers from both developed and developing countries, is distinctive in its focus on a broader view of competition policy in BRICS and developing countries. It examines the role competition, the application of broader public interest and national interest concerns in the analysis and influence on developing country competition authorities' policy-making. The contributors address topics such as: - a broad view of competition policy; - making markets work for the people as a post millennium development goal; - some key issues concerning the further development of China's antimonopoly law; - remedies in BRICS countries; - public interest issues in cross-border mergers; - crafting creative remedies in food markets in South Africa; - what are African competition authorities doing to fight cartels?; - successes and challenges in the fight against cartels; and the economics of antitrust sanctioning.

Product Details

ISBN-13:	9780192538710
Publisher:	OUP Oxford
Publication date:	12/01/2017
Sold by:	Barnes & Noble
Format:	eBook
Pages:	304
File size:	1 MB

About the Author

Tembinkosi Bonakele is Commissioner of the Competition Commission of South Africa and a Fellow of the University of Johannesburg's Centre for Competition, Regulation and Economic Development. Eleanor Fox is Walter J. Derenberg Professor of Trade Regulation at New York University School of Law. She is editor of The Design of Competition Law Institutions: Global Norms, Local Choices (OUP, 2012) and co-author of Developing Countries and Competition: Sub-Saharan Africa (OUP, forthcoming). Liberty Mncube is the Chief Economist at the Competition Commission of South Africa and Professor of Economics at the University of Stellenbosch. The contributors are academic and practising economists and lawyers from both developed and developing countries.

Table of Contents

List of Tables xiii

List of Figures xv

Introduction 1

1 Towards a Broader View of Competition Policy 4

2 Outsider Antitrust: 'Making Markets Work for People' as a Post-Millennium Development Goal 22

3 The Case for a BRICS Competition Agenda 38

4 Global Governance of Antitrust and the Need for a BRICS Joint Research Platform in Competition Law and Policy 51

5 BRICS and the Global Competition Law Project 115

6 Successes and Challenges in the Fight against Cartels 136

7 The Economics of Antitrust Sanctioning: A Review with Recommendations for Improving Current Sanctioning Regimes 144

8 Remedies in BRICS Countries: Are There Lessons from and for Competition Economics? 160

9 Crafting Creative Competition Remedies in South Africa 173

10 Public Interest Issues in Cross-Border Mergers: Is There a Role for Competition Authorities? 185

11 Barriers to Entry and Implications for Competition Policy 199

12 Some Key Issues Concerning Further Development of China's Anti-Monopoly Law 219

13 Excessive Pricing Regulation in China, South Africa, and Other BRICS Member States 229

14 Guidelines as a Tool to Promote Competition Enforcement in Brazil 243

Bibliography 249

Index 269