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Competition law in Latin America: markets, politics, expertise

Palacios Lleras, A; (2017) Competition law in Latin America: markets, politics, expertise. Doctoral thesis , UCL (University College London). Green open access

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Abstract

What are the ideas, institutions and actors involved in the development of competition law regimes in Latin America, and how do the interactions between them shape these regimes? In this dissertation we offer a new way of understanding the trajectories of this area of law in Latin America, and especially in Chile, Colombia and Chile. We argue that the competition law regimes of these countries are shaped by a tension between two “projects”, that is, networks of individuals and institutions organized towards the promotion of certain ideas about what competition law is about. These are the State-centered competition law project and its counterpart, the neoliberal competition law project. The first views the State as a tool for collective transformation, and hence responsible for how markets work, while the latter is about protecting individual freedom and enabling economic efficiency by shaping the State around such goals. The first Latin American regimes were similar in their State-centered outlook and resulted from similar field dynamics. The advance of the neoliberal competition law project in the 1990s (in Chile since the 1970s) placed each regime on its own path. In Chile, the transformation of competition law institutions exemplifies the indeterminacy within the neoliberal project. In Colombia, field dynamics prevented the development of neoliberal institutions, but enforcers have developed a de facto neoliberal practice. In Mexico competition law became a tool for challenging abuses of sheer economic power. More recently, international organizations are driving the global outreach of these regimes by promoting their convergence, with limited success. Overall, the argument we advance in this dissertation overcomes particular limitations found in the literature about this topic and offers a more nuanced understanding about the origins and trajectories of competition law in this region.

Type: Thesis (Doctoral)
Title: Competition law in Latin America: markets, politics, expertise
Event: UCL (University College London)
Open access status: An open access version is available from UCL Discovery
Language: English
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1529869
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