This thesis examines whether regional competition law enforcement systems established under deep regional trade agreements (deep RTAs – i.e. customs unions or deeper forms of economic integration agreements) help to address the major problems faced by developing countries in relation to competition law enforcement. After conducting a comparative review of different kinds of regional competition agreement the thesis demonstrates that regionally integrated competition law enforcement systems under deep RTAs may result in far more significant improvements in competition law protection in developing countries than those under other kinds of regional competition agreement [i.e. stand-alone competition agreements (including both first and second generation agreements), competition provisions in shallow RTAs, and MLATs]. Regionally integrated competition law enforcement systems in deep RTAs might, at least in theory, effectively deal with some of the main problems of the developing countries by, among other things, reducing the cost of enforcement, limiting the influence of vested interest groups, improving the ability of competition authorities to impose deterrent sanctions and engaging the bargaining power of the parties in international negotiation. In practice, however, all regionally integrated competition law enforcement systems established under a deep RTA concluded between developing countries suffer from instability, lack of implementation and/or stagnant development. This thesis explains the poor performance of existing regionally integrated competition law enforcement systems established by developing countries by the inadequacy of the broader regional economic (and social) integration design under the respective deep RTAs. Accordingly, the thesis argues that the success of a regionally integrated competition law enforcement system under a deep RTA is in practice depends on (a) the success of deep economic (as well as social) integration between the member states, (b) the coherence of regional competition policy with the broader regional integration arrangements, and (c) political will and adequate institutions in all member states.
Regional competition law enforcement under deep regional trade agreements: a developing country perspective
Both, G. D. (Author). 1 Feb 2015
Student thesis: Doctoral Thesis › Doctor of Philosophy