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1 results

  • 5 - Enforcement

  • from Part II - Populist Influence on Competition Law Systems
  • Maciej Bernatt
  • Book:
    Populism and Antitrust
    Published online:
    17 February 2022
    Print publication:
    24 February 2022, pp 126-172

  • Summary

    Chapter 5 examines the practice of the application of competition law by competition agencies, and identifies the major characteristics of agencies’ practice in countries ruled by populists’ governments. In doing this it examines the manifestations of the influence of populists’ governments on the enforcement of competition law. The chapter examines the nature of enforcement, the application of competition law to state-owned enterprises (SOEs), and the influence of exemptions to the application of competition law on its enforcement. In addition, the competition agencies’ advocacy efforts vis-à-vis anticompetitive legislative measures is subjected to scrutiny. The discussed manifestations include limited enforcement, politically motivated enforcement, limited enforcement of the prohibition of abuse of dominance and lenient review of mergers in relation to SOEs, the introduction of exemptions limiting the reach of competition laws, and agency’s limited advocacy role.