Monday, November 23, 2015

Public Interest Clauses in Developing Countries

Antonio Capobianco and and Aranka Nagy (both OECD) address Public Interest Clauses in Developing Countries.

ABSTRACT: The existence of public interest clauses may sometimes represent a challenge for local competition agencies, which must strike the right balance with efficiency considerations.

There is no ‘one-size-fits-all’ model, and public interest clauses can take various forms, be applied differently, and involve diverging institutional arrangements for their enforcement.

The jurisdictions with public interest clauses should ensure certainty and transparency to businesses and practitioners by outlining the main principles of the test in guidance documents or other soft law.

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