Book contents
- Competition Law in South Asia
- Global Competition Law And Economics Policy
- Competition Law in South Asia
- Copyright page
- Dedication
- Additional material
- Contents
- Maps, Figures, and Boxes
- Tables
- Preface
- Abbreviations
- Authorities
- Statutes and Statutory Instruments
- 1 The Theoretical Framework
- 2 Adoption of Competition Laws in India and Pakistan
- 3 The Spread of Competition Laws across South Asia
- 4 Enforcing Indian and Pakistani Competition Acts
- 5 Anti-competitive Agreements and Interpretive Strategies in India and Pakistan
- 6 Understanding Penalties in the Context of the Adoption Process
- 7 Pre-existing Legal Systems and Competition Enforcement
- 8 Implementing Competition Laws across South Asia
- 9 Bridging the Implementation Gap
- Bibliography
- Index
7 - Pre-existing Legal Systems and Competition Enforcement
Published online by Cambridge University Press: 16 February 2023
- Competition Law in South Asia
- Global Competition Law And Economics Policy
- Competition Law in South Asia
- Copyright page
- Dedication
- Additional material
- Contents
- Maps, Figures, and Boxes
- Tables
- Preface
- Abbreviations
- Authorities
- Statutes and Statutory Instruments
- 1 The Theoretical Framework
- 2 Adoption of Competition Laws in India and Pakistan
- 3 The Spread of Competition Laws across South Asia
- 4 Enforcing Indian and Pakistani Competition Acts
- 5 Anti-competitive Agreements and Interpretive Strategies in India and Pakistan
- 6 Understanding Penalties in the Context of the Adoption Process
- 7 Pre-existing Legal Systems and Competition Enforcement
- 8 Implementing Competition Laws across South Asia
- 9 Bridging the Implementation Gap
- Bibliography
- Index
Summary
The extent to which a country succeeds in enforcing its competition legislation is dependent as much on the interaction between the adopted competition system and the pre-existing legal system of the country as it is on the performance of the competition authority established by the adopted legislation. This chapter examines the extent and nature of interactions between the adopted competition enforcement systems and pre-existing legal systems in India and Pakistan by evaluating the petitions filed from orders of the CCI and CCP before the general courts in their countries. The chapter demonstrates that the nature and quality of these interactions has a discernible impact on competition enforcement in these countries. It argues that the interactions between the Indian and Pakistani competition legislations and the pre-existing legal systems in India and Pakistan are largely shaped in part by the strategies, mechanisms, and institutions through which the countries had initially adopted their respective competition legislation and the compatibility and legitimacy generated in the process. It further argues that the nature of these interactions determines the extent of competition enforcement in the country and the pace at which the adopted legislation integrates with the country’s pre-existing legal system.
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- Competition Law in South AsiaPolicy Diffusion and Transfer, pp. 167 - 190Publisher: Cambridge University PressPrint publication year: 2023