Market Entry and Competition Law in Latin America

1. Front Matter

   Pages i-xvi

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2. Introduction

   • Francisco Eduardo Beneke Avila

   Pages 1-4

3. An Antitrust Theory of Entry in Developing Economies

   1. Front Matter

      Pages 5-5

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   2. Market Power and Its Measurement: The Relevance of Entry Analysis

      • Francisco Eduardo Beneke Avila

      Pages 7-11

   3. The Long Run Market Equilibrium and Barriers to Entry

      • Francisco Eduardo Beneke Avila

      Pages 13-17

   4. Dynamic Aspects of Entry

      • Francisco Eduardo Beneke Avila

      Pages 19-24

4. Country Characteristics Covered in the Present Work

   1. Front Matter

      Pages 25-25

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   2. Determinants of the Investment Rate in the Economy and Their Relevance in Entry Analysis

      • Francisco Eduardo Beneke Avila

      Pages 27-68

   3. How Different Are Latin American Countries from the EU and the US Regarding the Socio-Economic Variables Under Study?

      • Francisco Eduardo Beneke Avila

      Pages 69-91

5. Analysis of Selected Competition Authorities’ Decisions

   1. Front Matter

      Pages 93-93

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   2. Choosing the Countries

      • Francisco Eduardo Beneke Avila

      Pages 95-105

   3. Entry Analysis in Abuse of Dominance Cases

      • Francisco Eduardo Beneke Avila

      Pages 107-157

   4. Comparative Analysis: Do Latin American Countries Follow the EU or US Standards for Entry Analysis?

      • Francisco Eduardo Beneke Avila

      Pages 159-195

   5. How to Incorporate the Country Characteristics Studied in the Present Research Into Entry Analysis

      • Francisco Eduardo Beneke Avila

      Pages 197-211

   6. Conclusions

      • Francisco Eduardo Beneke Avila

      Pages 213-228

6. Back Matter

   Pages 229-234

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This book explores the relationship between market entry analysis in competition law and the study of the determinants of aggregate investment. Macroeconomic and social characteristics, such as widespread corruption, political instability, and low levels of education are associated with lower investment rates. Progress on these indicators on the other hand is also strongly associated with sustained growth and higher investment rates. This book analyzes the interaction between these macro variables and the market-specific analysis typical in antitrust cases. Against this background, representative decisions of four Latin American competition authorities – México, El Salvador, Colombia, and Chile – on unilateral conduct are analyzed, focusing on market power assessment. The analysis shows that there is little to no explicit or implicit consideration of the impact of the macroeconomic environment on market dynamism and therefore on market power. This book also explores the influencethat EU and US competition law have in the standards to prove ease of market entry developed by the Latin American authorities. Although most of the Latin American authorities share a lack of reliance on market forces, which is characteristic of EU competition law, this book argues that market entry analysis still needs to be adjusted to fit the socio-economic context that affects investment within the country and the degree to which each particular market is affected. Finally, the book proposes a framework on how the macro characteristics covered can be incorporated into competition law enforcement.

• Competition law in developing countries
• Market entry analysis competition law
• Structure-conduct-performance
• Competition law in Mexico
• Competition law in El Salvador
• Competition law in Colombia
• Competition law in Chile
• Competition law in Latin America
• Antitrust law
• Abuse of dominance EU Competition law

• Munich, Germany

  Francisco Eduardo Beneke Avila

Francisco Eduardo Beneke Avila is a senior research fellow at the Max Planck Institute for Innovation and Competition, where he focuses on issues of socio-economic development, competition law, and innovation. Has a Ph.D. from the Ludwig-Maximilians-Universität, Munich and an LL.M. from the University of California, Berkeley. Has previously worked as a senior analyst at the competition authority of El Salvador, Superintendencia de Competencia. 

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