Overview
There is a growing consensus among policy-makers around the world
that economic growth and technology innovation require legal institutions
compatible with economic incentives. The framework for the law must
lead to predictable behavior by the courts while avoiding inadvertent
deterrence of lawful behavior and unnecessary expenditures on transactional
services.
A policy issue that has received considerable attention is the
deregulation of recently privatized industries, in particular those
once considered natural monopolies. Policy-makers must determine
which sectors of an industry have competitive characteristics and
how to loosen regulation for these sectors while still maintaining
appropriate oversight for those sectors that exhibit natural monopoly
characteristics.
EI’s Competition Policy
and Legal Reform Experience and Services
EI economists have advised governments and industry participants
and have worked with them and international agencies to address these
issues for many industries, such as electric power generation and
transmission, telecommunications, oil and gas production, pipelines,
post offices, railroads, and airlines.
The establishment and enforcement of competition laws is also an
important part of a developing country’s transition to a market-based
economy. EI economists have worked with countries in Latin America,
Eastern Europe, and the former Soviet Union on establishing, writing,
and enforcing competition laws. EI economists have also advised foreign
governments on their antidumping laws. EI economists can further
assist policy-makers by providing a perspective on the strategic
environment, public policies, technological changes, and market developments
affecting specific industries.
EI economists also work for multilateral organizations, like the
World Bank, in the evaluation of legal and judicial reform (LJR)
programs. For example, working together with the International Women
Judges Foundation, EI economists developed and implemented a methodology
for evaluating a World Bank-funded program that provides legal advice
to poor women in Ecuador. Although strengthening the rule of law
has been identified as a key strategy for poverty reduction, measuring
the impact of a specific LJR program face considerable challenges.
Indeed, the major impact of effective legal reform is not seen in
the cases that are brought before the courts, but instead arises
from the changes in behavior induced by the knowledge of what courts
will do. In addition, these benefits may take a long time to fully
materialize, requiring innovative approaches to program evaluation.
EI economists also can provide corporate planners with an overview
of a country’s regulatory and competition policies that may
affect their corporations’ foreign operations, provide recommendations
for corporate strategy in a particular competitive environment, and
provide evaluations of potential acquisitions and/or strategic alliances.

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