IDEAS home Printed from https://ideas.repec.org/a/bpj/ajlecn/v2y2011i3n3.html
   My bibliography  Save this article

The Impact of Globalization of Antitrust Law on Developing Countries: Harmony or Hegemony?

Author

Listed:
  • Bradstreet Richard S.

    (University of Cape Town)

Abstract

In the light of todays rampant globalization, there is an increasing need for developing a system of antitrust that serves to regulate the world market. This article describes the problems relating to the globalization of antitrust in the face of differing, and often conflicting, aims of domestic antitrust law and argues that a globally applicable system of antitrust needs to treat all state players in the global market equally by taking into account the needs of each domestic economy.Since domestic antitrust law is aimed at protecting domestic interests, a globally applicable system of antitrust must recognize the dissymmetry between the goals of antitrust in developed and developing countries, and will require a single global antitrust policy which should inform the domestic jurisprudence of all states, thereby forcing domestic authorities to also take into account the interests of foreign jurisdictions so as to not impede economic development abroad.Harmonization of antitrust should reflect the interests of the global market, which would be best regulated by a system based on a global antitrust policy that addresses the specific needs of developing economies and aims at establishing a more level playing field in the global economic arena.Owing to the self-interest inherent in state actions and domestic systems of antitrust, a neutral international body such as the World Trade Organization will need to establish a globally applicable antitrust policy, and facilitate both its initial negotiation and its enforcement.

Suggested Citation

  • Bradstreet Richard S., 2011. "The Impact of Globalization of Antitrust Law on Developing Countries: Harmony or Hegemony?," Asian Journal of Law and Economics, De Gruyter, vol. 2(3), pages 1-34, October.
  • Handle: RePEc:bpj:ajlecn:v:2:y:2011:i:3:n:3
    as

    Download full text from publisher

    File URL: https://www.degruyter.com/view/j/ajle.2011.2.issue-3/2154-4611.1047/2154-4611.1047.xml?format=INT
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Steinberg, Richard H., 2002. "In the Shadow of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO," International Organization, Cambridge University Press, vol. 56(02), pages 339-374, March.
    2. Barbara Koremenos, 2007. "If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining?," The Journal of Legal Studies, University of Chicago Press, vol. 36(1), pages 189-212, January.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:ajlecn:v:2:y:2011:i:3:n:3. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Peter Golla). General contact details of provider: https://www.degruyter.com .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.