Antitrust in Developing & Emerging Economies

Francis KARIUKI I Former Director General, Competition Authority of Kenya, Nairobi (bio)

Food and fuel are among the basic necessities in any country. Consumers and governments want low prices and adequate supply, but market results do not always appear to produce the desired outcomes. A central goal of any system of competition law is to increase output and lower price, so competition law enforcement should be helpful. This panel explores the existential threat of food and energy scarcity and the challenges of using competition law in developing countries to deal with these problems. Among the topics to be discussed are the control of excessive pricing, dealing with cartels and the possibility of AI-driven collusion, and the effects of industrial policy. Are restraints on competition and monopolistic exploitation at least partially causing or exacerbating the crises ? Can competition law make these markets work for the people ?

Amber DARR | Lecturer, Competition Law, University of Manchester (bio)
Felipe IRARRÁZABAL | Director, CentroCompetencia, Santiago (bio)
Simon ROBERTS | Professor, University of Johannesburg (bio)

Moderator : Daniel FRANCIS | Assistant Professor of Law, New York University School of Law (bio)

Innovation is an important goal of competition law, but one that has been challenging to advance. Critical issues worldwide include the development and control of digital platforms and dominant firm acquisitions of disruptive innovators. This panel will consider how innovation issues affect developing countries and the role that competition law enforcement can play in advancing innovation in these countries. Among the topics to be discussed are access to digital platform markets, challenges of merger control, and whether developing countries can rely on the antitrust and regulatory efforts of developed countries, such as the EU’s Digital Markets Act. To what extent should enforcement agencies in developing countries commit scarce resources to promoting innovation ?

Gönenç GÜRKAYNAK | Founding Partner, ELİG Gürkaynak Attorneys-at-Law, Istanbul (bio)
Frédéric JENNY | Professor, ESSEC, Paris | Chairman, OECD Competition Committee, Paris (bio)
Mahmoud MONTAZ | Chairman, Egyptian Competition Authority, Cairo (bio)
Susan NING | Partner, King & Wood, Beijing*

Moderator : Harry FIRST | Professor, New York University School of Law (bio)

It is a commonplace to observe that markets today are increasingly global, but it is also true that many markets are often regional. In either case, competition law enforcement that is limited to national boundaries is certain to be less effective than it should be. In fact, many of the restraints that hurt developing countries are cross-border, regional, continental, or global. This panel will explore the growing use and promise of regional agreements and the interaction of national, regional, and global networks. Among the topics to be discussed are the role of the protocol for all Africa, the need for higher-than-national-level enforcement in the ASEAN, the Latin American countries, and the Brics, the use of trade agreements with competition law provisions, current concepts of extra-territorial jurisdiction, and the roles of the OECD and ICN. What can we practicably expect from higher-than-national authorities ?

Teresa MOREIRA | Head of Competition And Consumer Protection Policies, United Nations Conference on Trade and Development (UNCTAD) (bio)
Andreas MUNDT | President, Bundeskartellamt, Bonn | Chair, International Competition Network (ICN) (bio)
Willard MWEMBA | Chief Executive Officer, COMESA Competition Commission, Lilongwe (bio)

Moderator : Eleanor FOX | Professor Emerita, New York University School of Law (bio)

Dennis DAVIS | Former Judge President, Competition Appeal Court of South Africa (bio)
Harry FIRST | Professor, New York University School of Law (bio)
Eleanor FOX | Professor, New York University School of Law (bio)