An alternative perspective for assessing abuse of dominance in emerging markets

This chapter proposes that new competition regimes, particularly those of developing and underdeveloped economies, should take advantage of more amenable and more familiar legal tools such as the doctrine of unconscionability in their abuse of dominance assessments. This is because the pure economic models mainly deployed by the more mature regimes might be unsuitable for the less developed systems at least in the early years. This chapter will therefore explore how the doctrine can be infused into their competition laws, serving either as a major basis for assessment or as a stopgap while they gain concrete knowledge of the true economic and developmental implications of applying complex economic models in abuse of dominance cases.