The Interface of Competition Law, Industrial Policy and Development Concerns

This book analyses essential concepts of competition law and industrial policy, and shows where the two areas clash with and complement each other, respectively. The discussion takes place in the context of developing countries, taking into consideration their realities and specific needs. South Africa serves as a real-world example for competition law that goes beyond the notion of consumer welfare. An in-depth analysis of the enforcement of South African law illustrates how the law is used both to combat the negative effects of past industrial policy, and to accommodate current economic and social needs.The book is intended for all readers with an interest in the enforcement of competition law in developing countries. It will particularly benefit those who want to learn about unorthodox approaches that integrate the concept of public interest and social imperatives into the application of competition law.

Provides a comprehensive analysis of the interplay between competition law and industrial policy Gives suggestions on how competition law and industrial policy can be reconciled Reviews South Africa's historical industrial policy and its competition law regime Reviews recent competition law enforcement cases in South Africa Analyses case law regarding the abuse of dominance and merger control

Contenu
Introduction.- Part I Theoretical foundations of industrial policy and competition law: The concepts of industrial policy and competition law distinguished.- Interface of industrial policy and competition law from a theoretical point of view.- Part II Competition law, industrial policy and South Africa: Industrial policy in South Africa.- Competition law in South Africa.- Interface of industrial policy and competition law in South Africa.- Consideration of development concerns in enforcing South African competition law.- Part III Conclusion: Conclusion: Complex relationship between industrial policy, competition law and development concerns.