The Relevance of Antimonopoly Policy for Developing Countries

Published date01 March 1992
Date01 March 1992
DOIhttp://doi.org/10.1177/0003603X9203700116
Subject MatterArticle
The Antitrust Bulletin/Spring 1992
The relevance
of
antimonopoly
policy for developing countries
BY JOEL DAVIDOW·
277
The United States and Canada adopted legislation against monop-
olies and cartels during the period 1889-1890. Over the next cen-
tury each of those nations gradually developed that legislation
into a full-scale enforcement system including criminal penalties
for secret cartel conduct and civil remedies to control marketing
restraints, mergers, and acquisitions and abuses
of
dominant posi-
tions of market power. Prompted by U.S. pressure and guidance,
Japan and Germany have also developed extensive systems
of
competition law enforcement. Since 1962, the European Commu-
nity has built up a major body of competition law and a powerful
commission
to
enforce
and develop the policy.
Most
of
the
nations of the OECD have some kind of competition law in place
though Belgium and the Netherlands have virtually none and Italy
waited until 1990 to adopt any law on the subject.
Until the latter part of the 1980's, the interest
of
nations out-
side of the OECD in antitrust policy was very limited and very
tentative. Antitrust laws did not exist in Communist countries,
Partner, Dickstein, Shapiro &Morin, Washington, D.C.; Adjunct
Prof., American University Law School; Formerly Chief
of
Foreign Com-
merce Section, Antitrust Division, U.S. Dept. of Justice.
C 1992by Federal Legal Publicalions,lnc.

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