{"title":"Competition Policy and ‘The Developmental State’ in Africa: A Case-Study of Kenya and South Africa","authors":"Paul Kenneth Mwirigi Kinyua","doi":"10.2139/ssrn.2768411","DOIUrl":"https://doi.org/10.2139/ssrn.2768411","url":null,"abstract":"This paper addresses the general context of competition law in Africa from a ‘political economy’ perspective and revisits the economic history of Africa between the year 1900 and 2015. Part I of the paper outlines the social, political, and economic context of Africa roughly between the years 1900 and 2015. Part II gives the historical background to competition policy and law. It revisits the emergence of the anti-trust movement in the United States of America during the 1890s. Part III of the paper critically examines the basic arguments of competition theory which are derived from neo-classical economics theory. Part IV of the paper defends the case that Kenya and South Africa are fit for a comparative examination and concludes the paper. This paper focuses on the economic structures established during the period of colonial (including apartheid) rule in Kenya (1895-1963) and South Africa (1867-1994).Two questions are posed in the paper concerning the general context of competition law in Africa: the first question is: what are “the established hierarchies” of the national economy of Kenya and South Africa? This question touches on the mode of integration of African countries into the world capitalist system in the opening decades of the twentieth century. The second question asks: “in whose interests does the national economy of a given African country function?” The paper argues that the international economic and political context that Africa encounters during the second decade of the twenty-first century could be just as important as the national economy; secondly, both contexts should inform the choice of ‘goals’ to be served by competition law in African countries.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130419558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Gaming Promoters in Macau: Current Regulation and Perspectives of Reform (Presentation Slides)","authors":"Jorge A. F. Godinho","doi":"10.2139/SSRN.2684818","DOIUrl":"https://doi.org/10.2139/SSRN.2684818","url":null,"abstract":"This presentation covers the evolution, current regulation and future perspectives of the law applicable to gaming promoters in the Macau Special Administrative Region of China, the world's largest casino gaming jurisdiction by revenue. In Macau the regulation of gaming promoters, first introduced in 2001/2002 and then subsequently expanded, has some unique features. Promoters are not just international marketing agents who recruit new patrons for the casinos. They may grant credit, collect unpaid credit, help with money transfers/arrangements, and sometimes share in the revenue of gaming tables or rooms in casinos (VIP rooms). In September 2015 major reforms were announced, and it remains a matter of prime interest to see how the legislation will evolve.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125364118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Antidumping Under International Fragmentation: Evidence from China","authors":"L. Yi, Jun Deng","doi":"10.1111/rode.12220","DOIUrl":"https://doi.org/10.1111/rode.12220","url":null,"abstract":"Applying a negative binomial regression model, this paper investigates how Chinese exports have reshaped the global value chain and the use of antidumping. We use trade in value‐added statistics to distinguish between Chinese exports of intermediate and final products to its main trading partners, including the USA, Mexico, South Korea, the UK, Germany, France and Italy, among others, and find that other countries welcome China as an intermediate producer, although not necessarily as a final good producer. We also find that a higher level of fragmentation reduces the likelihood of antidumping initiation and measures.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123864095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Implementing Effective Competition Law in the Pharmaceutical Industry in Mexico","authors":"Carlos Mena-Labarthe","doi":"10.2139/SSRN.2712491","DOIUrl":"https://doi.org/10.2139/SSRN.2712491","url":null,"abstract":"This paper analyses how governments can introduce more competition in the pharmaceutical sector.Considering it involves harmonizing issues such as incentives to innovate and perform research and development (R&D), Intellectual Property (IP) rights, healthcare policy and public budget concerns, the task of analysing competition in this industry is difficult for academic purposes and even more for public policy. During the past years, competition law enforcement has proven to be an essential tool to increase access to pharmaceutical products and technologies around the world. Its importance arises especially from the fact that it allows authorities to impose broader remedies than IP law does. Additionally, the paper shows how advocacy efforts can be very successful in removing regulatory barriers to entry that may be impeding new entrants and market efficiencies. Consumers and the industry as a whole can benefit from more competition in these markets but it is not easy to strike a correct balance. The paper analyses the case of Mexico in relation to many other jurisdictions around the world, especially developing countries, to understand the main issues related to competition policy in this industry.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123032681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What Uzbekistan Tells Us About Industrial Policy that We Did Not Know?","authors":"V. Popov, A. Chowdhury","doi":"10.2139/ssrn.2668220","DOIUrl":"https://doi.org/10.2139/ssrn.2668220","url":null,"abstract":"This paper discusses Uzbekistan’s recent experience with structural shifts and industrial policy, with a particular focus on various industry policy instruments, and its implications for the existing theories of industrial policy. In particular, two major hypotheses are discussed: (1) the hypothesis of Haussmann, Hwang and Rodrik (the more technologically sophisticated the export structure, the better for growth) and (2) the hypothesis of Justin Yifu Lin (export specialization should build on existing comparative advantages and should not jump over the necessary technological stages).","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128981234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Institutions and Development in MENA Region: Evidence from the Manufacturing Sector","authors":"Mahmoud Arayssi, Ali Fakih","doi":"10.1108/IJSE-07-2014-0136","DOIUrl":"https://doi.org/10.1108/IJSE-07-2014-0136","url":null,"abstract":"This paper examines the role of institutions (including civil law origin), financial deepening and degree of regime authority on growth rates in the Middle East and North Africa (MENA) region using panel data through a fixed effect model. The results reveal that English civil law origin and the establishment of the rule of law work with the development of financial institutions to increase economic growth in these economies; however, the democratization of the political institutions and foreign direct investment do not assist financial development in promoting economic growth. The findings emphasize the prominence of overcoming institutional weaknesses and establishing transparent public policy governing businesses as a pre-requisite for successful universal integration in developing countries.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126757123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Yoo-Duk Kang, Cheol-Won Lee, Tae Hyun Oh, Hyun Jean Lee, Junyup Kim
{"title":"Policies for Industrial Competitiveness Improvement in Europe and Their Implications","authors":"Yoo-Duk Kang, Cheol-Won Lee, Tae Hyun Oh, Hyun Jean Lee, Junyup Kim","doi":"10.2139/ssrn.2770331","DOIUrl":"https://doi.org/10.2139/ssrn.2770331","url":null,"abstract":"The global economic crisis has brought back into focus the need for a stable manufacturing base in advanced economies. Hence many debates shed new light on industrial policy with an aim to restore industrial competitiveness. In this context, this study reviews industrial strategies and policies adopted by the European Union (EU) and its Member States, and draws policy implications for Korea's industrial policy.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"164 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115147494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ashish Khanna, Daljit Singh, Ashwini K. Swain, M. Narain
{"title":"Transforming Electricity Governance in India: Has India?S Power Sector Regulation Enabled Consumers? Power?","authors":"Ashish Khanna, Daljit Singh, Ashwini K. Swain, M. Narain","doi":"10.1596/1813-9450-7275","DOIUrl":"https://doi.org/10.1596/1813-9450-7275","url":null,"abstract":"Consumers’ participation in regulatory decision-making in infrastructure sectors can be critical to ensure effective regulatory governance. Providing avenues for enabling consumers’ voice in the regulatory process expands the information base available to regulators in their decision-making, and is critical for ensuring sustainability of policy and regulatory decisions. However, in the reform process of many developing countries’ power sectors, the primary focus has been on the sector’s technical aspects, with inadequate effort to improve the experience of consumers, whether through better quality of service or by ensuring their participation in the regulatory process. This shortfall has often undermined the public’s understanding of and demand for reforms, often reflected in political reversal of key policy decisions. This paper examines the level and quality of consumer participation and protection in five states in India through a review of documents, surveys of consumers, and detailed interviews with key stakeholders. As mandated by law, all states have established standards of performance regulations and set up grievance redressal mechanisms; however, these bodies have not reached the desired level of effectiveness. Similarly, although provisions for consumer participation in regulatory proceedings exist, their adoption is often symbolic and without substantive and deliberative participation. Drawing on analysis of the Indian experience and international best practices, the paper recommends a paradigm shift in pursuing enhanced consumer satisfaction and voice in regulatory decision-making as a central objective of power reforms.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127176893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Indian Copyright Law and Anti-Circumvention Provisions: Can a Please-All Regime Meet the Global Yardsticks?","authors":"V. Unni","doi":"10.1093/JIPLP/JPV001","DOIUrl":"https://doi.org/10.1093/JIPLP/JPV001","url":null,"abstract":"Indian Copyright law, which has been in existence for more than 165 years, is on the verge of a major transformation triggered by rapid advancements in technology. In 2012, the law was amended to incorporate the Technology Protection Measures (TPMs) mandated by the World Intellectual Property Organization (WIPO) Copyright Treaty. This article examines in detail various provisions of the amendments on TPMs in the light of the WIPO Treaty, Digital Millennium Copyright Act provisions and the EU Copyright Directive. It explains the rationale behind the unique provisions under the amendment, the various internal and external factors which influenced the Indian policy makers, compatibility of the Indian provisions with global practices and the approach of the judiciary, which is going to play a crucial role in cases involving protection of TPMs.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"15 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114123170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Singapore as an Accountancy Hub – A Porter's Diamond Perspective","authors":"B. Tan, Yew Kee Ho","doi":"10.1504/ijbcg.2015.070663","DOIUrl":"https://doi.org/10.1504/ijbcg.2015.070663","url":null,"abstract":"Using the framework of the Porter’s Diamond, we examine the Committee to Develop the Accountancy Sector (CDAS) report, which outlines the vision for Singapore to be a leading accountancy hub. The application of the Porter’s framework provides clarity on the connectivity of the strategic thrusts for strategy formulations and implementations. There are two strategic thrusts which address the levers for strategy formulation and one strategic thrust which addresses the levers for strategy implementation. The analysis shows that Singapore is strong in almost all four attributes of the Porter’s Diamond. The CDAS report is an important policy blueprint to enhance these attributes via suitable strategic levers. It is an open question if the targeted GDP share outlined in the report will be achieved, but the framework shows that Singapore has strong fundamentals in becoming the accountancy hub in the region over the long run. This paper contributes to the literature on economic growth and competitiveness by examining a case where industrial policy can be guided by a framework of competitiveness.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115477075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}