Industrial Policy and Competition Law Enforcement

Abstract This chapter examines the role of industrial policy in developing countries. On the one hand, industrial policy is arguably the antithesis of competition law and policy. Industrial policy substitutes government planning for competition and is vehemently opposed if not maligned by adherents of free market economics. Industrial policy as practiced in some countries such as Japan and Korea have entailed government-organized cartels and the grooming of national champions, both of which are direct affronts to the notion of competition. On the other hand, to the defenders of industrial policy, it has successfully lifted a number of Asian countries out of poverty and turned them into industrial and technological powerhouses. However, even the extent to which the success of these economies can be attributed to industrial policy is highly contested. There are hence two layers to the controversy. The first is whether industrial policy worked at all. The second is even if it did, whether a growth strategy relying on competition is superior to industrial policy, and if not, how competition law enforcement should accommodate industrial policy.