The diffusion of competition law in Africa : theoretical perspectives on the policy transfer process

• Main Author: Raslan, Azza Anwar Ahmed
• Published: University College London (University of London) 2017
• Subjects: 340
• Online Access: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.746760

This thesis uses policy diffusion theories as the theoretical framework for the study of the proliferation of competition laws in Africa. By forming synergies with the diffusion literature, the thesis identifies the main transfer agents and presents a typology of competition law based on its objectives. Since the 1990s, Africa has witnessed an exponential increase in the number of jurisdictions adopting competition law. In addition to facing fundamental obstacles such as weak rule of law and institutions, competition law adoption and enforcement in Africa have to balance a number of different, and sometimes conflicting, policies. The pursuit of economic growth through integration into the world economy has led to convergence with an “economic welfare based model” of competition law. At the same time, the desire to meet social obligations, such as the protection of disadvantaged groups and developmental needs, has led to the incorporation of broader policy objectives in competition law, thereby introducing divergence from the said model. One area where this divergence features prominently is merger control, where plurality of objectives (economic welfare and non-economic welfare) are considered and weighed against each other. This increases the complexity of conducting cross-border mergers and creates tension between the different legal systems. The original contribution of this thesis is in bringing together two sets of literature, namely diffusion, and competition law. It provides a statistical and systematic analysis of competition law transfer to Africa, which is also absent from the literature. It empirically traces the transfer process and policy objectives of these laws, focusing on South Africa as the leading jurisdiction in this respect. It looks into how the South African model has influenced other laws in Africa, and the challenges arising from this. Its aim is to engage academia in a critical examination of this model, assist policymakers in making informed policy choices, and benefit practitioners in understanding how merger analysis functions in this regard.