Role of Courts in Enforcing Competition Laws: A Comparative Analysis of India and Pakistan
Journal of Antitrust Enforcement, 2018
19 Pages Posted: 9 Nov 2018
Date Written: February 15, 2018
Developing countries often adopt modern competition laws based on international blueprints for motivations ranging from gaining international legitimacy to achieving domestic economic goals. However, whilst adopting such laws confers some legitimacy on these countries, it does not automatically translate into the realization of their economic goals unless the laws are also meaningfully enforced. Comparative law literature, viewed in the light of development economics, suggests that meaningful enforcement entails, among other things, a productive interaction between the adopted laws and the pre-existing legal systems of the countries. In this article, I identify possible interactions between competition laws and pre-existing legal systems in India and Pakistan and compare the interactions that actually occur in the two countries. I observe that although India and Pakistan have nearly identical pre-existing legal systems and adopted similar competition laws within five years of each other their interactions with their pre-existing legal systems are remarkably different. I argue that that the nature of interactions in a country is substantially due to the strategy, mechanisms and legal and political institutions through which it adopted is competition law. I also demonstrate that the type of interaction has an observable impact on the enforcement of competition law in that country.
Keywords: competition law, comparative law, development economics, India, Pakistan, Courts, Competition authorities
JEL Classification: F42, F54, K21, K40, K41, K42, L40, L49, N45, O1
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