Tyler Eidson
2/5/17
Impact of Anti-trust Laws on Emerging Market Countries Through Globalization
“We must create a kind of globalization that works for everyone... and not just for a
few,” says past Argentinian president Nestor Kirchner. Indeed, over the past 100 years
following a period of immense infrastructure improvements the ease of communication,
transportation, and trade has served as a catalyst to globalization. As borders between countries
continue to blur and economic alliances are formed on a daily basis, it becomes increasingly
important for anti-trust and competition law to exist and be vigilantly enforced in order for the
world to proceed on a path to globalization with as little corruption hindering it as possible.
Many systems, including anti-trust regimes, are making a move to become standardized on a
global level in order to facilitate ease of transaction with as few barriers as possible. I argue that
it’s crucial for emerging markets and extremely poor countries to operate under their own more
protectionist competition policies in order to propel themselves on a path of growth and
sustainability that will ultimately lead them to rise the ranks to a developing or developed nation.
Currently, only about 100 of the world’s 196 countries in the world have competition
laws set into place, and of that about 25 are emerging market countries. These anti-trust laws
embrace a free-market, more liberal approach and attempt to break down barriers between
countries’ markets in order to promote a healthy self-correcting market. While a liberal tactic
may work in theory, in “Globalization of Competition Law and Policy: Some Aspects of the
Interface Between Trade and Competition,” Brendan Sweeney argues that “International trade Policy is based on the notion of trade liberalization. However, because of local incentives, that
objective can only be achieved through state-negotiated trade agreements1.” Due to the fact that
undeveloped countries are riddled with problems such as government corruption, drug cartels,
and monopolistic companies dominating the market, a state-enforced policy of any kind would
make it impossible for anti-trust laws alone to clean up the unhealthy market. In poor countries
with heavy political corruption, where the people do not have the wealth or power to be able to
regulate the government, a liberal and free policy would easily be taken advantage of by the
state. The “imminent creation of a competition policy agreement as part of the WTO,” in which
all countries, both developed and not, move toward an international standardized international
anti-trust policy which is “weakly enforced in practice” will only further the flaws in poor
countries’ systems rather than correct them; no growth can be made unless an alternative system
can be adopted for emerging market countries.
One alternative to the liberal, free market approach could be a more rigid system
where the government has more control and more ability to enforce strong anti-trust laws
regulating monopolies and prices of large domestic firms. However, a look into the past shows
that poor unstable countries who have turned to stricter, more inward-facing legal regimes fail
miserably and even exacerbate the original issues that they meant to correct: namely poverty,
corruption, and low GDP. For example, Russia and the majority of Eastern Europe failed in the
late 1990s because they cut themselves off from the world and focused too much on internal 1 Sweeney, Brendan. "Melbourne Journal of International Law." Sweeney, Brendan --"Globalization of Competition Law and Policy: Some Aspects of the Interface Between Trade
and Competition" [2004] MelbJlIntLaw 15; (2004) 5(2) 375. Web. 21 May 2012.
<http://www.austlii.edu.au/au/journals/MelbJIL/2004/15.html>. Tyler Eidson
2/5/17
growth without outside involvement, a system that could not survive in the face of such drastic
global change during that time. Although the Federation of Russia currently exists as a
constitutional democracy, it is clear that the government is most strongly controlled by a
presidential, executive power.

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