The Second Wave of Latin American Competition Law and Policy

Competition Law in Latin America: A Practical Guide (Julián Peña & Marcelo Calliari, Wolters Kluwer Forthcoming)

6 Pages Posted: 14 Dec 2015

See all articles by D. Daniel Sokol

D. Daniel Sokol

USC Gould School of Law; USC Marshall School of Business

Date Written: December 9, 2015

Abstract

Latin America as a region has had a somewhat bumpy development in its competition law and policy evolution. Latin America suffered from statist economic policies into the 1990s and lagged behind US, American and East Asian development. Modern competition law development in Latin America began during a period of growth and economic liberalization to exit statist policies. This period was known as the era of the Washington Consensus. In just a few years, the tone within Latin America had changed at the macro-economic level. Populist governments had taken power in Argentina, Brazil, Venezuela, Peru, and elsewhere in a backlash against the Washington Consensus. This backlash extended to competition law and policy.

The current era of competition law and policy in Latin America has some clear winners. Those systems that have shown improved results seem to share common attributes. The first is a deeper embrace of economic analysis.

A second factor that has improved competition law and policy has been a focus on end consumer related enforcement. The final factor that has changed competition law enforcement effectiveness is that institutional issues that plagued enforcement efforts in the earlier period have been somewhat resolved. As such, the institutional structures of competition enforcement have been recalibrated (and continue to do so) across the region to address the specific needs of the countries in question given their country level institutional backdrops.

Keywords: antitrust, competition law, latin america, development, economics

JEL Classification: K21, l40, O29,

Suggested Citation

Sokol, D. Daniel, The Second Wave of Latin American Competition Law and Policy (December 9, 2015). Competition Law in Latin America: A Practical Guide (Julián Peña & Marcelo Calliari, Wolters Kluwer Forthcoming), Available at SSRN: https://ssrn.com/abstract=2701279

D. Daniel Sokol (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

USC Marshall School of Business ( email )

701 Exposition Blvd
Los Angeles, CA California 90089
United States

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