Developing without a Competition Legislation: An Analysis of Competition Law in Ghana and Its Impact on Competition and Development

Abstract

This thesis draws a picture of how an effective competition law regime in Ghana should look like by making proposals on the competition law and policy best suited for the Ghanaian market. It has become commonplace among relevant scholarly circles that indeed one size does not fit all and that a competition law regime tailor-made to address the peculiar needs of a particular jurisdiction is a sure way to benefit from the advantages that competition law and policy has to offer. The proliferation of competition laws across developing jurisdictions over the past decade and the enhancement of competition law enforcement measures, has put competition law on the map as a market regulation tool. This thesis assesses both the political and socio-economic characteristics of the Ghanaian market, highlights some potential anticompetitive practices that prevail on the Ghanaian market and advocates for why Ghana ought to adopt a competition law and policy. By researching into the various goals and objectives that informed the promulgation of competition laws and policies across jurisdictions and reviewing the legal and enforcement structures of select developed and developing jurisdictions, I explain the relationship between how the market circumstances of a given jurisdiction informs their choice of competition law and policy and draw from that understanding to make suggestions on the goals and objectives a competition law and policy in Ghana should aim at.