Frederic Jenny, Yannis Katsoulacos's Competition Law Enforcement in the BRICS and in Developing PDF

By Frederic Jenny, Yannis Katsoulacos

This contributed quantity makes a speciality of pageant coverage enforcement in BRICS and constructing counties. It examines the position and alertness of financial research and proof in legislations enforcement systems, in addition to their impression on pageant specialistsā€™ policy-making. The members additionally deal with themes comparable to contemporary advancements in pageant legislation and perform, institutional layout, symptoms of functionality in enforcement, the incorporation of public curiosity matters in pageant Authority ambitions, procedural equity, procurement systems and obligatory licensing.

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Extra resources for Competition Law Enforcement in the BRICS and in Developing Countries: Legal and Economic Aspects

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The risk in that case is the opposite. Indeed the risk exists that there may be unnecessary duplication between the two successive investigations. This was, for example, frequently a complaint voiced by the business community when, previous to the creation of the CMA, merging businesses were faced by requests for information , first, by the Office of Fair trading and, second, when there was a reference to the Competition Commission by the staff of the Commission. The business community clearly felt that these repeated requests, often on the same points imposed on them an unnecessary cost.

Indeed , if board members can be re-appointed, the possibility exist that they will eventually become concerned with their chances of re-appointment and will start adapting their judgement to what they believe would please the authority in charge of reappointing them, thus foregoing deliberately their independence. The staggering of the appointment of the board members may from that point of view have the added advantage of making the appointment of any commissioner less important for the balance of the institutions.

For example, during the revision of the Mexican competition law which led to the creation of the Federal Economic Competition Commission (Cofece) and of the Federal Institute of Telecommunications (Instituto Federal de Telecomunicaciones) (IFT) in July 2013, the separation of investigation and adjudication in both institutions was seen as necessary in order to guarantee impartiality and objectivity of the competition authorities. Thus, the reform provided for a separation between the authority in charge of the investigation and the authority in charge of the resolution (both within each institution).

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