Cartel Regulation in Three Emerging BRICS Economies: Cartel and Competition Policies in South Africa, Brazil and India - A Comparative Overview

45/4 The International Lawyer (2011)

34 Pages Posted: 22 Jun 2011 Last revised: 21 Dec 2014

Sascha Dov Bachmann

Bournemouth University - The Media School; Swedish Defence University (FHS); Bournemouth University

Sashalee Stephanie Afrika

Stellenbosch Univeristy - Faculty of Law

Date Written: May 22, 2011

Abstract

The benefits of bilateral agreements in regard to international cartels are clear: only a synchronized and international approach will help the developing nations in protecting their markets from unfair competition practices. This article shows the state of anti-cartel policies and legislation in selected jurisdictions, the present state of the coordination of competition policies through promotion and cooperation at the bi-national and international level and highlighted some examples of more publicized anti competition cases. One observation is that more could be done by the developing NIC nations to increase the collaborative ties of their anti competition policies and organs as well as ensure that they fall under the wider umbrella of regional competition regimes such as in the case of South Africa and the European Union. The necessity to safeguard consumer welfare through effective domestic anti competition frameworks was highlighted in the discussed cartel cases. Time will tell whether the emerging economies will be able to balance competition policy and consumer welfare in an effective and progressive way without affecting their trade and investment policies.

Suggested Citation

Bachmann, Sascha Dov and Afrika, Sashalee Stephanie, Cartel Regulation in Three Emerging BRICS Economies: Cartel and Competition Policies in South Africa, Brazil and India - A Comparative Overview (May 22, 2011). 45/4 The International Lawyer (2011). Available at SSRN: https://ssrn.com/abstract=1869963 or http://dx.doi.org/10.2139/ssrn.1869963

Sascha-Dominik Oliver Vladimir Bachmann

Bournemouth University - The Media School ( email )

Bournemouth, BH12 5BB
United Kingdom

Swedish Defence University (FHS) ( email )

114 28, Drottning Kristinas väg 37
Stockholm, 114 28
Sweden

HOME PAGE: http://https://bournemouth.academia.edu/SaschaDominikBachmann

Bournemouth University ( email )

Bournemouth, BH1
United Kingdom

HOME PAGE: http://staffprofiles.bournemouth.ac.uk/display/sbachmann

Sashalee Stephanie Afrika (Contact Author)

Stellenbosch Univeristy - Faculty of Law ( email )

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