The increase in global trade has intensified the challenges involved in regulating anti-competitive conduct that takes place, in whole or in part, outside one's borders. While much has been written on international antitrust, not much scholarship has focused on the unique enforcement challenges faced by small and by developing jurisdictions in such a globalized world. This article addresses this challenge. It analyzes the near-futility of the current regime of unilateral enforcement and limited national vision for small and developing jurisdictions. It shows that even when they possess the legal tools to tackle international antitrust issues, small and developing jurisdictions often suffer from serious practical and motivational obstacles to applying their laws. The analysis is both empirical and theoretical. It reports the results of a study of forty nine jurisdictions. As the study clearly indicates, small and developing jurisdictions are marginal players in the globalized antitrust regime and are generally passive bearers of the effects of international anti-competitive conduct rather than proactive confronters of such conduct. The article then analyzes the implications of the empirical findings on the ability of the international community to tackle issues of international interest as well as on the current attempts to create a coordinated antitrust regime. It also suggests some tools that small and developing jurisdictions can use in order to deal more effectively with their unique challenges.
Available at: http://works.bepress.com/michal_gal/13/