Competition Law

Competition Law, Developing Countries, and Regional Agreements: Tearing Down Silos and Building Up Scaffolds

There are numerous regional agreements among developing countries. They aim to tear down the trade and investment barriers between and among their members. Moreover, they adopt competition policy and free movement policy to free their internal markets of private and state restraints to achieve market integration, efficiency, opportunity, competitiveness, and a higher standard of living. But most of these regional arrangements do not live up to their potential. Competition policy lags. Why? Reasons commonly given include asymmetry of the member states and their interests, lack of funding and sources for it, large informal markets, governance not sympathetic to competition, and corrupt leadership of nations set on retaining power and privilege. But two critical elements are virtually always overlooked, and unless they are recognized and prioritized, the hope of the regional agreements will never be realized.

The Experience of West African Economic and Monetary Union (WAEMU) in the Field of Competition

The WAEMU competition policy is, from the point of view of material and procedural law, in conformity with international standards, with certain specificities relating to the control of concentrations, the establishment of a special category of anti-competitive practices attributable to States and, above all, a centralized institutional approach with almost exclusive competence of the Community bodies. Then, eighteen (18) years (2003-2021) after the adoption of the implementing texts, WAEMU competition policy has therefore contributed to the consolidation of the Customs Union, the free movement of goods and liberalization in several sectors of activity (telecommunications, communication, energy, etc.). Moreover, it has become an essential tool for promoting regional economic integration in the Union.

Benefits of Supranational and One-Stop-Shop Approach to Competition Regulation in Africa

While there are obvious gains in adopting a one-stop-shop approach as highlighted above, it is unclear whether it is realistic and to what extent it can apply. This results from the different individual needs of African countries at different developmental stages, as experience over time has shown that one size does not fit all in competition regulation.

Competition Regimes in Developing Countries: The Prospect of a New Approach to Achieving Development Goals

Whatever their level of evolution in competition regulation, developing countries, particularly African countries except for a few rare success stories such as South Africa, need to interrogate their RCRs and national competition laws. Countries without a competition regime or law have the advantage of avoiding the Washington Consensus trap and forging a national competition law tailored to their development goals

Call for Application: Lecturer in Commercial Law (Competition Law) at the University of Manchester

August 3, 2021

The Law department sits within the School of Social Sciences and is internationally recognised for pursuing high quality research across all areas of Law and delivering excellent teaching to undergraduate and postgraduate students. To further strengthen our research and teaching portfolio, in line with our strategic objectives, the School wishes to appoint a Lecturer in Commercial Law (Competition Law). This post will be available from 1 September 2021.

Symposium Introduction: Markets, Competition and Regional Integration in the Global South - New Perspectives

This Symposium is jointly organized by AfronomicsLaw, the Chair of International Relations at the Hochshule für Politik, Technical University of Munich Germany, and the Mandela Institute at the University of the Witwatersrand in South Africa. It builds on a paper written by Prof Tim Büthe and Vellah Kedogo Kigwiru in the inaugural issue of African Journal of International Economic Law, titled 'The Spread of Competition Law and Policy in Africa: A Research Agenda'. The journal article set out a research agenda for better understanding the reality, promise, and limitations of competition law and policy in Africa at the n1ational and regional level. Consequently, this Symposium brings together competition law scholars, practitioners, and competition agencies' bureaucrats across the world to critically and comparatively discuss the reality, promises, and challenges facing the enforcement of specifically regional level competition policies in the Global South.

International Women’s Day: In Conversation with Professor Abbe Brown

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Professor Abbe Brown’s brilliant contributions to Intellectual Property Law. Professor Brown is the Dean for Student Support at the University of Aberdeen, Vice Chair of BILETA (British and Irish Law Education and Technology Association) and Member of a high-level expert working group on genome editing and patents.

Conference Report: The African Society of International Law 9th Annual Conference on Africa and Covid-19

The African Society of International Law (AfSIL) held its 9th Annual Conference on Africa and COVID-19 virtually, on 30 October 2020. AfSIL aims inter alia to promote international law on the continent and to contribute to the development of an international law that expresses the point of view of African States and specialists. The Conference was sponsored by law firms Foley Hoag LLP, Shikana Law Group and Asafo & Co.