Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru PDF Download

Author: OECD
Publisher: OECD Publishing
ISBN: 9264015140
Category :
Languages : en
Pages : 404

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Book Description
Contains the results of peer reviews of the competition law and policies of Argentina, Brazil, Chile, Mexico, and Argentina.

Author: OECD
Publisher: OECD Publishing
ISBN: 9264042008
Category :
Languages : en
Pages : 65

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Book Description

Author: Julián Peña
Publisher: Kluwer Law International B.V.
ISBN: 9403537000
Category : Law
Languages : en
Pages : 491

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Book Description
In the past few years, Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is an updated edition of the first book that offered an in-depth analysis of this complex scenario. The first part of the book includes more general chapters written by leading experts on a variety of relevant topics analyzed at a regional level such as the issues emerging with the digital economy and on the special field of the information and communications technology industry, as well as chapters on broad regional trends, on the working of competition law in countries with regulated markets and in the cluster of Central American countries, among others. At the heart of the presentation are nine chapters detailing the competition regimes of the most active national jurisdictions in the region—Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Paraguay, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Topics addressed in the country analysis encompass the following and more: relevant institutions and legislation; cartel investigations; unilateral conduct policies; merger review; international coordination; enforcement; and remedies. Each chapter includes an analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The contributors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in-depth approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where it is going to, in Latin America.

Author: Eleanor Fox
Publisher: Bloomsbury Publishing
ISBN: 1847315291
Category : Law
Languages : en
Pages : 522

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Book Description
This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

Author: Paulo Burnier da Silveira
Publisher: Kluwer Law International B.V.
ISBN: 9041186883
Category : Law
Languages : en
Pages : 410

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Book Description
The Latin American countries, both individually and as a community, are poised to become increasingly important in the international recognition and enforcement of competition law. Recent policy developments in the region are particularly instructive on cross-border mergers and international cartel investigations. Although this book’s focus is on Latin America, its in-depth exploration of areas such as information exchange among competition authorities, compliance, settlements and remedies are of great value and interest to competition lawyers and policymakers worldwide. Including numerous recent cases and best practice indicators, the contributors ̄ competition authority officials, practitioners, academics and economists ̄ cover such topics and issues as the following: • antitrust compliance programs; • competition advocacy; • bid rigging in public procurement; • predatory pricing; • use of indirect evidence in investigations; • shareholders’ damages claims; • relation between antitrust and intellectual property; and • merger control. There are country-specific chapters on particular developments in Argentina, Brazil, Chile, Colombia, Ecuador, El Salvador, Mexico and Paraguay. Highlighting the importance of international competition regulatory cooperation, this insightful book offers both practical guidance and food for thought to lawyers at national competition authorities, corporate counsel, and other competition law practitioners and academics.

Author: Julia Molestina
Publisher: Springer
ISBN: 3662585251
Category : Law
Languages : en
Pages : 429

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Book Description
The book examines the potential for regional competition law systems as enforcement tools in developing countries, based on a case study of the West African Economic and Monetary Union, the Andean Community and the Caribbean Community. It analyses the allocation of enforcement competences between the regional/supranational and the national level and formulates detailed guidelines on the optimal degree of centralization or decentralization. The book addresses all readers that are interested in the enforcement of competition law in developing countries. Moreover, it provides practical insights for public institutions that wish to identify or prevent possible misallocation of competences within regional competition law systems.

Author: Ignacio De León
Publisher: Kluwer Law International B.V.
ISBN: 9041124780
Category : Law
Languages : en
Pages : 686

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Book Description
Antitrust policy nominally plays an instrumental public interest role. The generally accepted notion is that it is a government instrument designed to intervene in relatively unregulated markets in order to preserve rivalry among independent buyers and sellers. Competition authorities are supposed to restrain business conduct that exercises monopoly power aimed at excluding competitors or exploiting consumers and clients. Thus it can be said - although few pro-market theorists make the insight explicit - that antitrust provisions reveal mistrust of the capacity of markets to promote social welfare. The inner logic, enforcement mechanisms, and practical outcomes of antitrust provisions are all intrinsically contradictory to the natural dynamic course of market functioning. In Dr. De Leon's challenging thesis, this mistrust of the market lies at the root of antitrust policy, giving rise always to a preference towards 'predicting' the result of impersonal market forces rather than interpreting the entrepreneurial behaviour which creates those forces. And it is in Latin America that he finds the powerful evidence he needs to support his case. From the formative years of Latin American economic institutions, during the Spanish Empire, economic regulations - far from being driven by the pursuit of promoting free trade and economic freedom - have been conceived, enacted and implemented in the context of deeply anti-market public policies, trade mercantilism and government dirigisme. The so-called "neoliberal" revolution of the 1990s triggered by the Washington Consensus did not really change the interventionist innuendo of these policies, but merely restated the social welfare goal to be achieved: the pursuit of economic efficiency. Dr. De Leon presents his case against the assumption that consumer welfare orientated policies such as antitrust do really promote entrepreneurship and market goals. Paradoxically, antitrust enforcement has undermined the transparency of market institutions, in the name of promoting market competition. The author's provocative analysis marshals several sets of facts in support of his thesis, including the actual functioning of antitrust policy as reflected in case law in various Latin American countries, the preference of merger control over other less intrusive forms of market surveillance, the constrained role of competition advocacy against government acts, and the ineffective institutional structure created to apply the policy. Among the many specific topics treated are the following: government immunity; strategic industries; state-owned enterprises; politically influential groups; measurement of market concentration; the burden of proof of social welfare benefits; the role of joint trade associations and professional guilds; institutional arrangements that favour collusion; selective distribution; sector regulation; erosion of property rights; marginal role of courts in the antitrust system; leniency programs; and privatized public utilities. The growing significance of Latin America in the context of economic globalization endows this book with huge international interest. Written by a leading authority on the topic, this is the first book that presents a detailed description of Latin American antitrust law and policy as it has been developed through numerous judicial opinions. A wide variety of audiences around the world will find it of extraordinary value: competition law specialists, scholars and students of the subject, policymakers and politicians in Latin America, as well as all interested lawyers, jurists, and economists.

Author: OECD
Publisher: OECD Publishing
ISBN: 9264095195
Category :
Languages : en
Pages : 256

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Book Description
To inform the current policy debate in Chile and present an economic assessment with concrete recommendations and policy options, this report provides a detailed analysis of the overall Chilean economic situation.

Author: David Gerber
Publisher: Oxford University Press
ISBN: 0199652007
Category : Business & Economics
Languages : en
Pages : 416

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Book Description
A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.

Author: OECD
Publisher: OECD Publishing
ISBN: 9264128395
Category :
Languages : en
Pages : 228

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Book Description
This book provides a comprehensive assessment of the innovation system of Peru, focusing on the role of government. It provides concrete recommendations and identifies good practices on how to improve policies that affect innovation performance, including R&D policies.