The Uneasy Case for Enforcing Competition Law Provisions Related with Excessive and Unfair Prices in Developing Countries

Abstract

This article argues in favor of having competition law authorities of developing countries enforce provisions that, like article 102.a of the Treaty on the Functioning of the European Union (TFEU), forbid charging excessive and unfairly high prices.
In order to do so, it analyzes the relevant European Union (EU) case law and the considerations it has brought forth, as well as studies regarding competition law enforcement in developing countries, in order to determine the relevant factors that may contribute to the successful enforcement in these jurisdictions. It also takes into consideration the difficulties that have resulted in the enforcement of the aforementioned provision, how they may take place in developing countries, and what can be done to resolve them. It concludes that such a successful enforcement is possible, if the relevant authorities, after assessing their institutional background, find their own voice for doing so. In turn, such enforcement not necessarily quarrels with efficiency considerations, but rather complements them with considerations stemming from other non-economic goals.