13 Sw. J. L. & Trade Am. 211 (2007)(forthcoming)
Developed countries often insist that antitrust is only for efficiency and consumer welfare, and that any broader focus will protect small competitors and mire the economy in inefficiencies. Developing countries retort that their antitrust must also address issues of distribution and power.
This article contests the standard Western claim that if conduct cannot be shown to raise prices to consumers it must be efficient and should be beyond antitrust challenge. It also argues that developing countries need a broader standard than whether conduct decreases aggregate consumer or total wealth. Developing country antitrust should not be used to protect inefficient Davids against Goliath, but it may and should be used to empower Davids against Goliath by keeping open paths of mobility and access. Indeed, enhanced mobility tends to produce efficiencies in societies in which economic opportunity of masses of people has been suppressed. An antitrust law for developing countries that values mobility, access and efficient development of the economy, while not protecting small firms at the expense of consumers, is The Other Path of the title to this article. The article articulates principles, factors and strategies that give content to this other path.
Date of Authorship for this Version
Fox, Eleanor M., "Economic Development, Poverty, and Antitrust: The Other Path" (2007). New York University Public Law and Legal Theory Working Papers. Paper 57.