Factors accounting for the enactment of a competition law – an empirical analysis
Franz Kronthaler, Johannes Stephan
Einzelveröffentlichungen,
No. 6,
2005
Abstract
The paper is concerned with the factors that account for decisions to enact a national competition law. In a first step, the paper updates and enlarges the existing data bases of countries that have enacted a competition law. The paper then identifies and discusses possible factors that influence the decision to enact a competition law. In a third step, the method of panel-data logit analysis is employed to test a set of hypothesis pertaining to the factors across the time dimension and across countries. The results of this analysis are interpreted in terms of significance and in terms of the sign of their influence on the probability of a country to enact. Given generality of the analysis, the results can shed light on the probability of individual countries, and in particular developing countries, to actually take the step of enactment.
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Analysis of statements made in favour of and against the adoption of competition law in developing and transition economies
Johannes Stephan, Franz Kronthaler, Frank Emmert
Einzelveröffentlichungen,
No. 9,
2005
Abstract
The paper is concerned with documenting and assessing statements made by policymakers, opinion formers, and other stakeholders in favour and against the adoption of competition laws with particular reference to transition and developing countries which have not yet enacted these kind of laws. For example, claims that competition enforcement might reduce the inflow of foreign direct investment, or that other policies are successfully used as substitutes for competition law, are assessed. In a first step, the method of generalized analysis structures the list of statements around core issues of common features to make them accessible to further interpretation and assessment. The paper shows that some claims are in fact country or region specific, and specific to the development level of the respective countries. In a second step, the core issues are assessed according to economic and legal criteria. Since the analysis focuses on transition and developing countries, the criteria for economic assessment are predominantly economic growth and development issues, but also include the economic coherency of a set of claims submitted by stakeholders in a given country. The criteria for legal assessment include whether claims are problematic in light of WTO-principles, or are even born out of a political objective which is incompatible with the spirit, if not the letter of WTO-rules.
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