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Market Entry and Competition Law in Latin America

The Role of Economic Development in Antitrust Analysis

  • Book
  • © 2021

Overview

Authors:
  1. Francisco Eduardo Beneke Avila

    1. Munich, Germany

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  • Presents a groundbreaking research on how differences in economic development should affect competition law analysis
  • Provides a unique approach to comparative legal research based on the economic contexts in which competition laws are embedded
  • Proposes a framework on how the macro characteristics covered can be incorporated into competition law enforcement

Part of the book series: Munich Studies on Innovation and Competition (MSIC, volume 14)

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Table of contents (11 chapters)

  1. Front Matter

    Pages i-xvi
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  2. Introduction

    • Francisco Eduardo Beneke Avila
    Pages 1-4

  3. An Antitrust Theory of Entry in Developing Economies

    1. Front Matter

      Pages 5-5
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    2. Market Power and Its Measurement: The Relevance of Entry Analysis

      • Francisco Eduardo Beneke Avila
      Pages 7-11

    3. The Long Run Market Equilibrium and Barriers to Entry

      • Francisco Eduardo Beneke Avila
      Pages 13-17

    4. Dynamic Aspects of Entry

      • Francisco Eduardo Beneke Avila
      Pages 19-24

  4. Country Characteristics Covered in the Present Work

    1. Front Matter

      Pages 25-25
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    2. Determinants of the Investment Rate in the Economy and Their Relevance in Entry Analysis

      • Francisco Eduardo Beneke Avila
      Pages 27-68

    3. How Different Are Latin American Countries from the EU and the US Regarding the Socio-Economic Variables Under Study?

      • Francisco Eduardo Beneke Avila
      Pages 69-91

  5. Analysis of Selected Competition Authorities’ Decisions

    1. Front Matter

      Pages 93-93
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    2. Choosing the Countries

      • Francisco Eduardo Beneke Avila
      Pages 95-105

    3. Entry Analysis in Abuse of Dominance Cases

      • Francisco Eduardo Beneke Avila
      Pages 107-157

    4. Comparative Analysis: Do Latin American Countries Follow the EU or US Standards for Entry Analysis?

      • Francisco Eduardo Beneke Avila
      Pages 159-195

    5. How to Incorporate the Country Characteristics Studied in the Present Research Into Entry Analysis

      • Francisco Eduardo Beneke Avila
      Pages 197-211

    6. Conclusions

      • Francisco Eduardo Beneke Avila
      Pages 213-228

  6. Back Matter

    Pages 229-234
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Keywords

About this book

This book explores the relationship between market entry analysis in competition law and the study of the determinants of aggregate investment. Macroeconomic and social characteristics, such as widespread corruption, political instability, and low levels of education are associated with lower investment rates. Progress on these indicators on the other hand is also strongly associated with sustained growth and higher investment rates. This book analyzes the interaction between these macro variables and the market-specific analysis typical in antitrust cases. Against this background, representative decisions of four Latin American competition authorities – México, El Salvador, Colombia, and Chile – on unilateral conduct are analyzed, focusing on market power assessment. The analysis shows that there is little to no explicit or implicit consideration of the impact of the macroeconomic environment on market dynamism and therefore on market power. This book also explores the influencethat EU and US competition law have in the standards to prove ease of market entry developed by the Latin American authorities. Although most of the Latin American authorities share a lack of reliance on market forces, which is characteristic of EU competition law, this book argues that market entry analysis still needs to be adjusted to fit the socio-economic context that affects investment within the country and the degree to which each particular market is affected. Finally, the book proposes a framework on how the macro characteristics covered can be incorporated into competition law enforcement.

Authors and Affiliations

  • Munich, Germany

    Francisco Eduardo Beneke Avila

About the author

Francisco Eduardo Beneke Avila is a senior research fellow at the Max Planck Institute for Innovation and Competition, where he focuses on issues of socio-economic development, competition law, and innovation. Has a Ph.D. from the Ludwig-Maximilians-Universität, Munich and an LL.M. from the University of California, Berkeley. Has previously worked as a senior analyst at the competition authority of El Salvador, Superintendencia de Competencia. 

Bibliographic Information

  • Book Title: Market Entry and Competition Law in Latin America

  • Book Subtitle: The Role of Economic Development in Antitrust Analysis

  • Authors: Francisco Eduardo Beneke Avila

  • Series Title: Munich Studies on Innovation and Competition

  • DOI: https://doi.org/10.1007/978-3-662-62347-3

  • Publisher: Springer Berlin, Heidelberg

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer-Verlag GmbH, DE, part of Springer Nature 2021

  • Hardcover ISBN: 978-3-662-62346-6Published: 14 January 2021

  • Softcover ISBN: 978-3-662-62349-7Published: 14 January 2022

  • eBook ISBN: 978-3-662-62347-3Published: 13 January 2021

  • Series ISSN: 2199-7462

  • Series E-ISSN: 2199-7470

  • Edition Number: 1

  • Number of Pages: XVI, 234

  • Number of Illustrations: 1 b/w illustrations, 19 illustrations in colour

  • Topics: Private International Law, International & Foreign Law, Comparative Law , International Economic Law, Trade Law

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