scholarly journals Competition Law in Pakistan and China: A Comparative Study

2020 ◽  
Vol 14 (2) ◽  
pp. 1
Author(s):  
Nishan-E-Hyder Soomro ◽  
Wang Yuhui
Keyword(s):  
Competition Law ◽  
Consumer Welfare ◽  
Corporate Image ◽  
Fair Competition ◽  
The Social ◽  
Leniency Programs ◽  
Qualitative Research Methodology ◽  
Competition Rules ◽  
Legal Costs ◽  
Healthy Growth

The present study aims to make comparative analysis of competition law in Pakistan and China by analyzing the leniency programs that whether or not they are in accordance with market structure or not, and investigating the mechanism to evidences while applying leniency policies and its value in competition law. The study adopts qualitative data analysis in order to analyze the respective aims and objective. It is found out by this research that progressive and unconventional are very important to be taken by both countries in order to ingeniously enforce competition law. Although competition law is supposed to prevent anti competition rituals and practices by nurturing free and fair competition in the market. It promotes a greater competition in the market by safeguarding customers against inaccurate means, which are adopted by firms. Therefore, competition law can be regarded as highly essential for regulating businesses by ensuring producer and consumer welfare. It ultimately promotes healthy growth of the economy and social justice. While on the other hand, a huge budget is entailed by investigation procedures which have been regarded as a huge financial resources’ loss by experts. In addition to this, there is also a greater risk of surcharges of violation, punishment and legal costs, which sometimes lead to harm corporate image. Moreover, the leniency programs in both Pakistan and China cover administrative liability only. Therefore, it is important to voluntarily comply with competition rules, regulations and laws, which would play an immensely significant role in minimizing the social costs which occur due to this law enforcement. Qualitative research methodology has been applied to the following article.

Part II Economic Regulation, 11 Competition

2021 ◽  
Author(s):  
Muchlinski Peter T
Keyword(s):  
Market Power ◽  
Multinational Enterprises ◽  
Competition Law ◽  
Consumer Welfare ◽  
Economic Regulation ◽  
Global Networks ◽  
Policy Debates ◽  
Production And Distribution ◽  
Competition Rules ◽  
National Approach

This chapter studies competition law (antitrust law in US terminology), which protects competition to maximize consumer welfare. Multinational enterprises (MNEs) may use their market power to distort competitive conditions. Unlike purely domestic firms, MNEs can do this in a transnational context. Therefore, regulating MNE competition involves not only substantive rules but also jurisdictional questions which have led to extraterritoriality conflicts. The chapter then examines the competition issues arising from the market power of MNEs operating global networks of production and distribution in often concentrated markets. It also assesses whether competition law should control MNE entry and establishment to preserve the national economy from harmful foreign competition, involving issues of industrial policy and national security. Moreover, MNE operations challenge the hitherto predominantly national approach to competition regulation. To date, there has been little progress towards global competition rules, but it remains a worthwhile question, especially in the context of sustainable development, which has been introduced into competition policy debates in recent years.

1 Introduction

2012 ◽  
Author(s):  
Geradin Damien ◽  
Layne-Farrar Anne ◽  
Petit Nicolas
Keyword(s):  
Consumer Choice ◽  
Competition Law ◽  
Consumer Welfare ◽  
Press Releases ◽  
Public And Private ◽  
Eu Competition Law ◽  
Competition Rules ◽  
History Of ◽  
Area Of Concern

This introductory chapter provides an overview of EU competition law. Because it was first formally enacted in 1957, EU competition law is generally perceived as a relatively recent legal discipline. Its real, substantive, origins are however much older, and can be traced back to the history of ancient civilization. Today, the constraints imposed by EU competition law have become a major area of concern for decision-makers both in public and private sectors. Yet, beyond the cosmetics of press releases and business reports, the significance of EU competition law can be measured by its profound and lasting effects in economic activity. There are four possible objectives to the EU competition rules: the protection of fairness in competition; the promotion of economic freedom, plurality, and consumer choice; the promotion of economic efficiency; and the promotion of consumer welfare.

scholarly journals The conflict between market competition and worker solidarity: moving from consumer to a citizen welfare standard in competition law

Legal Studies ◽  
2020 ◽  
pp. 1-18
Author(s):  
Firat Cengiz
Keyword(s):  
Law And Economics ◽  
Market Competition ◽  
Competition Law ◽  
Consumer Welfare ◽  
Public Attention ◽  
Gig Economy ◽  
The Us ◽  
Competition Rules ◽  
Competitive Behaviour ◽  
The Eu

Abstract This paper critically investigates the law and economics of competition law enforcement in conflicts between workers and employers in the EU and the US. The conflict between worker solidarity and market competition attracts significant public attention due to the legal conundrum facing precariously employed gig workers. This paper reveals that in light of the strict consumer welfare standard underlying competition rules, competition law has become an overall disciplining mechanism impeding collective worker action beyond the limited case of the gig economy. Using a holistic theoretical framework comprising of neoclassical and Marxist exploitation theories, the paper shows that sound economic analysis justifies resolving the competition–solidarity conflict in favour of solidarity. After showing that the consumer welfare standard overlooks the idiosyncratic qualities of labour as a ‘fictitious’ commodity, the paper offers an original and inclusive ‘citizen welfare’ standard that takes into consideration how anti-competitive behaviour affects workers as well as consumers. As a result, the paper also contributes to the post-2008 debate on whether and how competition law could contribute to equality by shedding light on competition law's treatment of workers and their welfare.

scholarly journals DELIMITING THE SOCIAL BOUNDARIES OF COMPETITION LAW IN ASEAN: A COMMON APPROACH?

2014 ◽  
Vol 22 (2) ◽  
Author(s):  
Haniff Ahamat ◽  
Nasarudin Abdul Rahman
Keyword(s):  
Economic Efficiency ◽  
Positive Impact ◽  
Competition Law ◽  
Consumer Welfare ◽  
Social Goals ◽  
Social Boundaries ◽  
The Social ◽  
Social Applications ◽  
And Behavior ◽  
Proportionality Principle

This paper examines the interface between the economic and social elements of competition law in ASEAN. Generally, the aim of competition law should be to protect the process of competition, promote market efficiencies and enhance consumer welfare in the countries. Nevertheless there is a concern arising from such interface. Competition law strives to ensure competition and economic efficiency but market structure and behavior which harm competition or lead to inefficiency may have positive impact on the society. Along these lines, this paper looks into the social applications of competition legislation of Thailand, Indonesia, Singapore and Malaysia. Variations between different ASEAN Members are expected to influence any discussions on this issue but social objectives of competition law, and social exclusions are among others the tools used to further social goals in the laws of the ASEAN Members that have been analysed. To address the possibility of political and special interest capturing such social interpretations of competition law, this paper proposes a model that requires increasing reliance on economic analysis and the use of proportionality principle to minimise subjectivity.

THE INFLUENCE OF FAIR COMPETITION ON THE MANAGEMENT OF PUBLIC UNDERTAKINGS

2013 ◽  
Vol 8 (1) ◽  
pp. 42-54
Author(s):  
Camille Carbonnaux
Keyword(s):  
A Priori ◽  
Practical Importance ◽  
Competition Law ◽  
Legal Aspects ◽  
The Other ◽  
Common Features ◽  
Fair Competition ◽  
Management Perspective ◽  
The Common ◽  
European Competition Law

Since the 1990s, European judicial and normative institutions have paid particular attention to the competitive practices of public undertakings. Consequently, their regime is governed by a significant number of rules pursuing objectives appearing, a priori, contradictory. In fact, public undertakings may experience difficulties in their management. In this context, an approach of public competition law through the prism of fair competition can be very useful. Regarding the uniformity of its judgment, fair competition appears as an objective capable of coordinating rules and overcoming their contradictions. It thereby offers a global and coherent reading plan of all the legal translations of the European competitive order being of some practical importance. In illuminating the common features of the different legal aspects of competition, we can easily switch from one to the other. It therefore makes the European approach to competition more accessible and understandable. Furthermore, and most importantly, it leads to identifying legal opportunities and threats in a cross-disciplinary way. So, from a “Law & Management” perspective, it appears to be a precious tool for the management of public undertakings. Key words: European competition law, public undertakings, fair competition, “Management & law”.

scholarly journals Substantive and Procedural Issues of Cement Sector Investigations in Turkey

2017 ◽  
Vol 10 (16) ◽  
pp. 205-226
Author(s):  
Hanna Stakheyeva ◽  
Ertugrul Canbolat
Keyword(s):  
Competition Law ◽  
Market Analysis ◽  
Cement Industry ◽  
Competitive Dynamics ◽  
Competition Authority ◽  
Construction Sector ◽  
Competition Rules ◽  
Potential Impact ◽  
Information Requests ◽  
Legal Grounds

In 2016, the Turkish Competition Authority (hereinafter, TCA) published the Cement Sector Inquiry Report (hereinafter, Cement Sector Report) following more than two years of market analysis. One of the reasons for conducting such a market inquiry was the fact that the implementation of competition rules and accuracy of the economic analysis by the TCA in cement cases were frequently criticized. In order to provide some guidance and have better understanding about the competitive dynamics of the cement market, the TCA initiated the inquiry in 2014. Another reason for the inquiry was the importance of the cement industry for the construction sector and the economy of Turkey, as well as numerous competition law concerns in this sector. The article provides an analysis of the substantive and procedural issues in the TCA activity in the cement sector in Turkey. Particular emphasis is placed on the assessment of the Cement Sector Report and common competition law violations in the sector in Turkey based on a review of the decisions of the TCA. Additionally, legal grounds for conducting sector inquiries in Turkey, as well as limits to and potential impact on the TCA’s powers to issue extensive compulsory information requests (in the light of the recent CJEU’s judgements in cement cartel cases) are discussed. Overall, the article provides the reader with a better understanding of the Turkish cement sector dynamics and most common anticompetitive practices there. In conclusion, it is argued that inspite of having a reputation of a “problematic sector”, the behaviour of cement producers and developments in the cement market in Turkey may be justified by economic reasons and the oligopolistic nature of this market.

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