Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

PL EN


2015 | 8(11) | 13-34

Article title

Need for Competition Law – Discussing the Case of Georgia

Content

Title variants

Languages of publication

EN

Abstracts

EN
The article deals with the question whether the market needs to be regulated and if competition law is a desirable regulatory instrument for developing countries such as Georgia. This issue is not merely theoretical in nature, but reflects Georgia’s actual developments throughout the last decade when the country first repelled its existing antimonopoly law, since it was seen as unnecessary and hindering economic development, and yet later reintroduced it once again. For years Georgia was not regulating its market and, as the newly set up Competition Agency is starting to take its first steps, the question of the rationality for pro-competitive state intervention raises again. The chosen jurisdiction is unique for its unusual development path and history. It is even more special because of this particular point in time, witnessing the birth-phase of yet another competition law jurisdiction and the launching of its competition law enforcement authority. The article is dedicated to questions which are widely disputed in society, among politicians, in the media, within the local NGO sector etc. However, the academic community has not yet written much about them. This paper aims to fill this gap and encourage further academic discussion on this topic. Due to the limited number of academic sources and case-law in this field, a variety of sources has been used in this paper including: dissertations, reports of international organizations and local NGOs, personal interviews, blogs and so forth. The article is divided into sections. It starts by reviewing the evolution of competition law in Georgia and demonstrates its illogical development pattern. It moves on to outline the background and motivations present in Georgia at moments when breakthrough decisions were taken regarding its competition law regime. The article describes and analyses processes that took place on the un-regulated Georgian market in the last ten years. Based on the findings, it researches the question of the desirability of competition law, that is, whether Georgian market needs such state intervention, and what are the main challenges facing the effective enforcement of its recently adopted competition law.

Year

Volume

Pages

13-34

Physical description

Dates

issued
2015-06-30

Contributors

  • Central European University, Budapest

References

  • Bache I., Jordan A., ‘Europeanization and Domestic Change’ [in:] Bache I., Jordan A. (eds.), The Europeanization of British Politics, Basingstoke 2006.
  • Bočorišvili T., Sweet W., Ahern D., Politics, Ethics and Challenges to Democracy in ‘new Independent States’ CRVP, 2005.
  • Cseres K., ‘Accession to the EU’s Competition Law Regime: A Law and Governance Approach’ (2014) vol. 7(9) YARS.
  • Dabbah M., International and Comparative Competition Law, Cambridge University Press, 2010.
  • Dam K., The Law-Growth Nexus: The Rule of Law And Economic Development, Brookings Institute Press, 2006.
  • Davidson K., Economic Development, Competition and Competition Law, American Antitrust Institute, 2011.
  • Drexl J., Competition Policy and Regional Integration in Developing Countries, Edward Elgar Publishing, 2012.
  • El-Agraa A., The European Union: Economics and Policies Cambridge University Press, 2011.
  • European Bank for Reconstruction and Development, Transition Report, 1999 (available from: http://www.ebrd.com/downloads/research/transition/TR99.pdf).
  • Fetelava S., The Evolution of the Competition Theory and Antimonopoly regulation in Georgia, Grigol Bakradze State University, 2008 (available from: http://www.nplg.gov. ge/dlibrary/collect/0002/000330/avtoref-inglish.pdf).
  • Fox E., Trebilcock M., The Design of Competition Law Institutions: Global Norms, Local Choices (Law and Global Governance), Oxford University Press, 2013.
  • Free R., 21st Century Economics: A Reference Handbook, SAGE Publications, Inc, 2010. Këllezi P., Antitrust for Small and Middle Size Undertakings and Image Protection from
  • Non-Competitors, Springer, 2014.
  • Lewis W., The Power of Productivity: Wealth, Poverty, and the Threat to Global Stability,
  • University of Chicago Press, 2005.
  • Mas-Collel A, ‘The Theory of Perfect Competition’ [in:] Donald J., Ehud K., Morton K., Nancy S., Frontiers of Research in Economic Theory: The Nancy L. Schwartz Memorial Lectures 1983–1997 (Econometric Society Monographs), Cambridge University Press, 1998.
  • Mestvirishvili N., Mestvirishvili M., ‘I am Georgian and there-fore I am European” Re-searching the Europeanness of Georgia’ (available from: http://static.cejiss.org/data/ uploaded/1397214644292492/Article%2003.pdf).
  • Mitchell L., Uncertain Democracy: U.S. Foreign Policy and Georgia’s Rose Revolution, University of Pennsylvania Press, 2011.
  • Nodia G., Scholtbach A., The Political Landscape of Georgia: Political Parties: Achievements, Challenges and Prospects, Eburon Uitgeverij B.V., 2006.
  • Nove A., An Economic History of the U.S.S.R., IICA, 1969.
  • Prychitko D, Marxism [in:] Concise Encyclopedia of Economics (available at: http://www. econlib.org/library/Enc/Marxism.html).
  • Saakashvili M., Bedukidze K., ‘Georgia, the Most Radical Catch-up Reforms’ [in:] Aslund A., Djankov S. (eds.), The Great Rebirth: Lessons from the Victory of Capitalism over Communism, Peterson Institute for International Economics, 2014.
  • Shoemaker W., Russia and The Commonwealth of Independent States, Rowman & Littlefield, 2014.
  • Smith A., An Inquiry into the Nature and Causes of the Wealth of Nations, 1776.
  • Sokol D., Lianos I., The Global Limits of Competition Law, Stanford University Press, 2012. Sudetic C., The Philanthropy of George Soros: Building Open Societies, Public Affairs, 2011. Svante E., Cornell S., Starr F., The Guns of August 2008, M.E. Sharpe, Jun 8, 2009.
  • Whish R., Bailey D., Competition Law, Oxford University Press, 2012.

Document Type

Publication order reference

Identifiers

ISSN
1689-9024

YADDA identifier

bwmeta1.element.desklight-b6a326f9-795d-448f-974c-b6f70376fec6
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.