Note on Methodology
The following data represents a comprehensive survey of current antitrust regimes throughout the world. The original texts of individual statutes in each country were examined for the presence of various elements. Each included country receives an individual report here that indicates the presence or absence of these various elements in the country’s statutes. The presence of an element is accompanied by a short explanation and/or citation to the applicable statute. The elements themselves are defined on page XXX below. Each report also includes a numerical score for comparison across countries and regions, or for empirical analysis.
Note on Common Law Based Countries
Most of the countries included in this report use statutory law to determine which anti-competitive practices are prohibited. However, three countries: the United States, the Netherlands, and Spain, rely largely on the common law to clarify vague or general statutes. Therefore, for these countries case citations are used in addition to any relevant statutes. Additionally, for several other countries such as the United Kingdom and Australia which have broad statutes, explanatory memoranda or otherwise published guidelines are used as noted.
Note on Included Countries
These reports include information on antitrust regimes in each country as of July, 2006, while the accompanying paper by Keith Hylton analyzes antitrust regimes as of 31 December, 2004. For this reason, some countries with recent changes to their laws have multiple reports included here.
Note on International Agreements
Several countries are part of international agreements or trade associations that may have implications for national antitrust regimes. These reports include information only from national statutes and practices, and do not reflect any international agreements.
Included in the appendix is a set of tables for EU member countries that reflects the law when both national statutes and the EC treaty are considered in combination.
Notes on Individual Countries
Some included countries deserve a short note here in addition to their reports:
- Bangladesh – the statute governing competition law in Bangladesh is identical to that of Pakistan.
- Serbia/Montenegro – Before passing its own law in 2005, Serbia & Montenegro followed the antitrust law of the Federal Republic of Yugoslavia (FRY), even after the effective dissolution of the FRY in 2003. Recently, in June 2006, Montenegro officially declared its independence from Serbia. The effects of this recent independence on antitrust law, if any, are not included in these reports.
- Australia – competition law in Australia is governed by the Trade Practices Act of 1974, as amended. The most recent batch of amendments (No. 11, 2006; No. 17, 2006; and No. 23, 2006) is not included here.
- Hong Kong – Hong Kong has no statutory competition law. However, the Competition Policy Advisory Group (COMPAG) publishes a “Statement on Competition Policy”. The report here on reflects the content of this Statement.
Only countries with a published antitrust statute as of July, 2008 are included in the reports. However, some non-included countries are in the process of adopting or publishing competition laws that should become available soon. These countries are listed below, along with a note on where they currently are in the process:
- Paraguay - Article 107 of Paraguay's constitution states that it won't permit price fixing or monopolies, but Paraguay has no competition statute. It may be in the process of drafting a competition law. For a possible proposed draft, see http://lawprofessors.typepad.com/antitrustprof_blog/2008/07/draft-of-paragu.html.
- Angola - is currently in the process of drafting a competition law as of 08/2008.
- Singapore - has competition law that is being rolled out in phases starting in Jan. 2006, details available here: http://www.ccs.gov.sg/Legislation/CompetitionAct/index.html
- Guyana - has new bill as of Mar. 06
- Iran - specific antitrust bill in the works, but not enacted as of 1/06
- Nepal - has a competition law, the Competition Promotion and Market Protection Act 2006, but a published version cannot be located.
- Ecuador - in the process of formulating a law as of 10/05
- Botswana - in the process of formulating a law as of 5/05
- Ghana - in the process of formulating a law as of 5/05
- Swaziland - in the process of formulating a law as of 5/05
- Togo - in the process of formulating a law as of 5/05
- Mozambique - in the process of formulating a law as of 07/2008
The following countries, while they may or may not regulate specific industries, do not have any comprehensive competition law (as of the dates noted):
- Malaysia – regulates certain industries, summary available here: http://www.jftc.go.jp/eacpf/02/malaysia_r.pdf
- Liechtenstein – enacted the “Unfair Competition Act” in 1992 (available here in German: http://www.gesetze.li/get_pdf.jsp?PDF=1992121.pdf), but it is more akin to a consumer protection statute than an antitrust statute.
- Benin – has a law that purports to govern unfair competition (available here in French: www.runetwork.de/html/fr/articles/document_no_header.html?Action=displayDocument&id=4359), but it is more akin to a consumer protection statute than an antitrust statute.
- Brunei - has law from 1932 that is unused and un-updated; no other laws as of 1/06
- Cambodia - only has trademark law, no other formal or even draft competition law
Finally, the following countries have some form of antitrust legislation in place, but the text of the statute could not be found and evaluated:
- Antigua/Barbuda - has a competition bill passed in 2001 but no text could be found
Research conducted on other non-reported countries either indicated that the country has no competition law and no intention of developing one in the near future, or turned up no relevant information to the contrary.
- Unless otherwise indicated, information in this note relating to the status of antitrust legislation was taken from the Global Competition Forum website, www.globalcompetitionforum.org.
- more information on the act is available at http://www.buyusa.gov/nepal/en/investment.html