Free Markets and Competition Laws: Questions and Possible Answers by AAI Senior Fellow Kenneth Davidson

This Commentary is adapted from a presentation given by AAI Senior Fellow Kenneth M. Davidson in December 2011 at a Capacity Building Conference sponsored by the Association of South East Asian Nations (ASEAN) and the Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) Gmbh in Singapore, December 2011. The audience was composed of competition officials of ASEAN member states. Davidson was invited to participate because he had worked for the US Federal Trade Commission for more than 25 years and was then helping the Cambodian government draft a competition law. Previously, he had spent a year working as a resident advisor to the Indonesian competition agency. Davidson was asked to make two presentations about competition law. The second presentation, which is also adapted as an AAI Commentary, outlines some ideas about how effective competition laws might be constructed in transitional economies. This one deals with more general questions that ought to be considered before or while a country is drafting or revising a competition law.