Publication details
Darr, Amber. ‘The role of courts in enforcing competition laws: a comparative analysis of India and Pakistan’, Journal of Antitrust Enforcement, jny011, 1-29, available: https://doi.org/10.1093/jaenfo/jny011
Abstract
Developing countries adopt modern competition laws for gaining international legitimacy and achieving domestic economic goals. However, adopting such laws does not translate into the realisation of the economic goals unless the laws are also meaningfully enforced. This entails, among other things, a productive interaction between the adopted laws and the pre-existing legal systems of the countries and the gradual integration of the adopted laws into these legal systems. This article compares the interaction between the Indian and Pakistani competition laws and pre-existing legal systems. It argues that the difference in interactions in the two countries is due, in large part, to strategies, mechanisms and institutions through which India and Pakistan adopted their competition laws. It also demonstrates that the different interactions impact the enforcement of competition laws in the countries.