ABSTRACT

This chapter utilizes the Mongolian antitrust law drafting experience as a vehicle for considering optimal approaches for accomplishing regulatory reform in transition economies, and for providing external technical assistance to that end. It addresses the role that an antitrust system can play in facilitating the movement from planning to free markets in Mongolia and other transition economies. The chapter reviews the drafting process that resulted in the proposal to the Mongolian Parliament for a Mongolian antitrust statute. It examines the prospects for successful implementation and considers how the development of an antitrust system can encourage the emergence of market institutions and processes. Large state-controlled or recently-'privatized" concerns dominate the Mongolian economy. In designing the advocacy role, the working group envisioned that the antimonopoly body would function as a "constitutional court" that could object to state intervention that suppressed competition, and could issue decrees that support the operation of a market economy.