The Indian Competition Act: A Historical and Developmental Perspective
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Shiju Varghese Mazhuvanchery
The relationship between competition law and development continues to be a subject that excites many. The appropriate design of a competition law with developmental dimensions is a contentious issue. With the enactment of the Competition Act 2002, India joined the hundred odd developing countries that have adopted new competition laws over the last two decades. After a hiatus of seven years, substantive provisions of the Act have been notified recently. The Indian Act presents a perfect case study for the developmental dimensions of competition law. This paper explores the events that led to the enactment of the new law in India and analyses its provisions from a developmental perspective. The paper concludes that many of the provisions in the law may come in the way of the realization of developmental goals.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Article
- Introduction
- Linking Promises to Policies: Law and Development in an Unequal Brazil
- The Persistence of Formalism: Towards a Situated Critique beyond the Classic Separation of Powers
- Development Bank, Law and Innovation Financing in a New Brazilian Economy
- John Rawls' Justice as Fairness and the WTO: A Critical Analysis on the Initial Position of the Multilateral Agricultural Negotiation
- Turning Trips on Its Head: An "IP Cross Retaliation" Model for Developing Countries
- Exceptions and Limitations in Indian Copyright Law for Education: An Assessment
- The Indian Competition Act: A Historical and Developmental Perspective
- Transit and Trade Barriers in South Asia: Multilateral Obligations and Development Perspective
- Stock Market and Shareholder Protection: Are They Important for Economic Growth?
- Product Patents and Access to Medicines in India: A Critical Review of the Implementation of TRIPS Patent Regime
