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Title: The adoption of specialised competition tribunals in Latin American countries : lessons from Mexico
Author: Lemus, Claudia
ISNI:       0000 0004 9355 4722
Awarding Body: Queen Mary University of London
Current Institution: Queen Mary, University of London
Date of Award: 2020
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The adoption of specialised tribunals has become a widespread phenomenon notwithstanding the scarcity of empirical evidence about their real benefits. This thesis seeks to remedy such a gap by assessing the performance of the recently adopted specialised competition tribunal in Mexico. The analysis of the performance of this tribunal focuses on the feedback collected by the author in interviews with key stakeholders. In specific terms, this assessment reveals the nature and magnitude of the issues that led to the adoption of this new tribunal and the institutional reform it entailed. In broad terms, it offers the three following implications. First, it provides experimental verification about the veracity of the three most common benefits attributed to specialised tribunals: efficiency, quality, and uniformity. Second, it confirms that as different institutions take part in the implementation of competition law, the performance of one institution influences another. In the event that the judiciary is unfamiliar with competition law, unskilled in economics, inclined to dispose antitrust cases based on procedural irregularities and delays, the functioning of the competition agencies is obscured, and the effective implementation of the competition law impeded. Third, it verifies the connection between country specific socio-economic conditions and levels of implementation of competition law. These implications derive from the analysis of the Mexican case and the commonalities shared between this country and some other Latin American countries. The most important lesson to be learnt from the Mexican case is that the adoption of specialised competition tribunals is advisable to Latin American countries facing similar challenges in the implementation of competition law. Yet the lessons offered by the Mexican case provide vital insights but need to be carefully adapted to ensure a suitable transfer to other jurisdictions. For this purpose, this thesis offers a conceptual framework about transplants, which applied in conjunction with their domestic realities, predicts a successful replication. Finally, it offers recommendations on what needs to be considered when adopting a specialised competition tribunal.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available