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Contents

Published online by Cambridge University Press:  16 February 2023

Amber Darr
Amber Darr
Affiliation:
University of Manchester

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Competition Law in South Asia
Policy Diffusion and Transfer
 , pp. ix - xvi
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. List of Maps, Figures, and Boxes

  2. List of Tables

  3. Preface

  4. List of Abbreviations

  5. List of Authorities

  6. List of Statutes and Statutory Instruments

  7. 1The Theoretical Framework

    1. 1.1Introduction

    2. 1.2The Theoretical Pillars

      1. 1.2.1Legal Transplant Literature: The Clue is in the Context

      2. 1.2.2Policy Diffusion and Transfer: Bringing a Method to the Spread

      3. 1.2.3New Institutional Economics: Bridging the Gap between Process and Outcome

    3. 1.3Constructing the Integrated Framework

      1. 1.3.1The Life Cycle of a Statute

      2. 1.3.2Adoption and Implementation: A Stepwise Enquiry of the Literature

        1. 1.3.2.1Step 1: Setting the Stage

        2. 1.3.2.2Step 2: Tracing the Process

        3. 1.3.2.3Step 3: Evaluating the Outcome

      3. 1.3.3The Framework of Analysis

    4. 1.4Compatibility, Legitimacy, and the Interplay of Institutions

      1. 1.4.1The Nature of Compatibility

      2. 1.4.2The Dimensions of Legitimacy

        1. 1.4.2.1Understanding Legitimacy

        2. 1.4.2.2Significance of Legitimacy

        3. 1.4.2.3Generating Legitimacy

      3. 1.4.3Compatibility and Legitimacy: Two Sides of the Same Coin?

    5. 1.5The Framework in Action

  8. 2Adoption of Competition Laws in India and Pakistan

    1. 2.1Introduction

    2. 2.2India and Pakistan: The Pre-conditions of Transfer

      1. 2.2.11969: India Adopts its First Anti-monopoly Legislation

      2. 2.2.21970 Pakistan: Promulgating the Anti-monopoly Ordinance

      3. 2.2.3The Context at the Time of Adopting Modern Competition Legislation

        1. 2.2.3.1The Indian Legal and Political Landscape in 2002

        2. 2.2.3.2The Pakistani Scenario in 2007

    3. 2.3Initial Adoption in India and Pakistan: Motivations, Mechanisms, and Institutions

      1. 2.3.1Motivations for Acquiring Modern Competition Legislation

        1. 2.3.1.1Domestic Self-reflection and Needs-Assessment in India and Pakistan

        2. 2.3.1.2Impact of International Developments on Competition Legislation in the Two Countries

      2. 2.3.2Mechanisms and Institutions at the Adoption Stage in India and Pakistan

        1. 2.3.2.1The Deliberation Phase: Between the Raghavan and the World Bank-Led Committees

        2. 2.3.2.2Formal Enactment of Competition Laws in India and Pakistan

      3. 2.3.3Transfer Mechanisms and Interplay of Institutions in Adoption

        1. 2.3.3.1India: A Case of Socialisation

        2. 2.3.3.2Pakistan: A Study in Coercion

    4. 2.4Adoption Continues: Amending the Indian and Pakistani Competition Laws

      1. 2.4.1Amendments to the Indian Act

      2. 2.4.2Pakistan: Two Ordinances and an Act

      3. 2.4.3Evolution of Indian and Pakistani Adoption Strategies

    5. 2.5Indian and Pakistani Competition Legislation: An Unexpected Outcome?

      1. 2.5.1Socialisation and the Content of the Indian Act

      2. 2.5.2The Effects of Coercion in Pakistan

      3. 2.5.3The Effects of Emulation and Regulatory Competition

    6. 2.6Compatibility and Legitimacy of the Indian and Pakistani Competition Regimes

  9. 3The Spread of Competition Laws across South Asia

    1. 3.1Introduction

    2. 3.2A Competition Tour of the South Asian Six

      1. 3.2.1Countries That Have Completed the Adoption Stage

        1. 3.2.1.1Sri Lanka and the Consumer Affairs Authority Act 2003

        2. 3.2.1.2Nepal’s Competition Promotion and Market Protection Act 2063, 2007

        3. 3.2.1.3Bangladesh Enacts the Competition Act 2012

        4. 3.2.1.4Maldives’ Competition Act 2020

      2. 3.2.2Countries still in the Adoption Stage

        1. 3.2.2.1Enactment Interrupted: Afghanistan and the Draft Competition Act

        2. 3.2.2.2Bhutan: To Enact or Not to Enact?

      3. 3.2.3Adoption of competition laws in the South Asian Perspective

    3. 3.3Pre-conditions of Transfer and the Adoption Process in the South Asian Six

      1. 3.3.1Democracies and the Adoption of Competition Legislation

        1. 3.3.1.1The Sri Lankan Context

        2. 3.3.1.2Bangladesh’s Efforts to Adopt an Enlightened Legislation

      2. 3.3.2Adopting Competition Laws in Former Monarchies

        1. 3.3.2.1The Context in Nepal

        2. 3.3.2.2Maldives and Competition Legislation for a Small economy

      3. 3.3.3Competition in Hard Places: The Context in Afghanistan and Bhutan

        1. 3.3.3.1Afghanistan: Between the Draft and its Enactment

        2. 3.3.3.2Bhutan: Too Small for Competition?

    4. 3.4Transfer Mechanisms and Patterns across South Asia

    5. 3.5Compatibility, Legitimacy, and the Potential for Success of the adopted legislation

  10. 4Enforcing Indian and Pakistani Competition Acts: An Overview of the Authorities and their Operations

    1. 4.1Introduction

    2. 4.2The Indian and Pakistani Competition Enforcement Authorities

      1. 4.2.1CCI and CCP: their Structures, Mandates, and Compositions

        1. 4.2.1.1Structures: The Limits of Independence

        2. 4.2.1.2Mandates and Powers of the Authorities

        3. 4.2.1.3Composition of the Authorities

      2. 4.2.2Types of Enforcement Orders that the CCI and CCP may Issue

      3. 4.2.3How do the CCI and CCP Decide? Issuing Orders at the Authorities

    3. 4.3Achieving the Benchmarks of Success in the Indian and Pakistani Contexts

      1. 4.3.1Enforcing Competition Laws: Pathways Prescribed for CCI and CCP

      2. 4.3.2Interventions in the Competition Enforcement Pathways

      3. 4.3.3The Pathways and the Benchmarks of Success

    4. 4.4Measuring the Performance and Interaction of Competition Statutes

      1. 4.4.1Orders of CCI and CCP as Data for Evaluating Benchmarks of Success

      2. 4.4.2The Relevant Indicators and their Significance

      3. 4.4.3Analysing the Indicators as Per the Orders of the CCI and CCP

    5. 4.5Evaluating the Indicators in the Adoption–Implementation Continuum

  11. 5Anti-competitive Agreements and Interpretive Strategies in India and Pakistan

    1. 5.1Introduction

    2. 5.2Establishing Anti-competitive Agreements in India and Pakistan

      1. 5.2.1The Test for Anti-competitive Agreements in the Indian Act

      2. 5.2.2Establishing Anti-competitive Agreements under the Pakistani Legislation

      3. 5.2.3How the Adoption Processes shaped the Tests for Anti-competitive Agreements

    3. 5.3Cartels and other Horizontals: The First Decade of the CCI and CCP

      1. 5.3.1CCI and Agreements Presumed to be Anti-competitive

        1. 5.3.1.1The Confusion that was the Indian Banking Association Case

        2. 5.3.1.2An ‘Agreement’ under the Indian Act

        3. 5.3.1.3Interpreting the Presumption of AAEC

      2. 5.3.2Interpretive Challenges for the CCP

        1. 5.3.2.1Defining the ‘Agreement’

        2. 5.3.2.2Between the ‘Object’ and the ‘Effect’

        3. 5.3.2.3CCP’s Analytical Steps for Horizontal Agreements

      3. 5.3.3Evolution of CCI’s and CCP’s Approach towards Anti-competitive Agreements

    4. 5.4Vertical Agreements under the Indian and Pakistani Acts

    5. 5.5Relating CCI and CCP’s Interpretive Strategies to their Adoption Processes

      1. 5.5.1Reliance on Models from Which Analytical Tests Were Derived

      2. 5.5.2Continued Recourse to Transfer Mechanisms Employed in the Adoption Process

      3. 5.5.3Impact of Adoption Processes on the Evolution of CCI and CCP’s Interpretive Strategies

  12. 6Understanding Penalties in the Context of the Adoption Process

    1. 6.1Introduction

    2. 6.2Adoption Process and Penalties: Understanding the Two-Pronged Impact

    3. 6.3Direct Impact: CCI and CCP’s Approach towards Penalties in their Orders

    4. 6.4Indirect Impact: The Role of Competition Enforcement Systems

      1. 6.4.1Establishing the Competition Enforcement Systems in India and Pakistan

      2. 6.4.2Tribunals and the Recovery of Penalties

      3. 6.4.3Beyond Penalties: Competition Enforcement Systems and Competition Jurisprudence

    5. 6.5Adoption Processes, Penal Strategies, and Competition Enforcement

  13. 7Pre-existing Legal Systems and Competition Enforcement

    1. 7.1Introduction

    2. 7.2Mapping the ‘Interactions’ in the Indian and Pakistani Contexts

    3. 7.3‘Interactions’ in India and Pakistan

      1. 7.3.1Interaction between CCI and the General Courts

      2. 7.3.2CCP’s Interim Orders and Challenges before the General Courts in Pakistan

      3. 7.3.3The Divergence in the Indian and Pakistani Experience: Are Court Systems Responsible?

    4. 7.4Adoption Processes: Another Explanation for the Interactions

      1. 7.4.1Engagement of the Judiciary in the Indian and Pakistani Adoption Processes

      2. 7.4.2The Interplay of the Executive and the Legislature in the Adoption Process

      3. 7.4.3The Adoption Process and the Divergence in Interactions

    5. 7.5Competition Enforcement Systems, Interactions, and Enforcement

  14. 8Implementing Competition Laws across South Asia

    1. 8.1Introduction

    2. 8.2Revisiting the Indian and Pakistani Experience

      1. 8.2.1The Adoption Stage and Generation of Compatibility and Legitimacy

      2. 8.2.2Impact of Compatibility and Legitimacy on the Implementation Stage

      3. 8.2.3Compatibility and Legitimacy and the ‘Hiatus’ between Adoption and Implementation

    3. 8.3The Implementation Experience of the Remaining South Asian Countries

      1. 8.3.1Adoption Processes and Compatibility and Legitimacy in the South Asian Six

      2. 8.3.2Implementing Competition Legislation in the South Asian Six

        1. 8.3.2.1Sri Lanka: Consumer Welfare at the Cost of Competition

        2. 8.3.2.2Nepal: To Enforce or Not Remains the Question

        3. 8.3.2.3Bangladesh: Is Competition Forgotten?

        4. 8.3.2.4Maldives: too early for implementation

        5. 8.3.2.5Bhutan even policies matter

        6. 8.3.2.6Afghanistan ensuring competition without a law

      3. 8.3.3Links between Adoption and Implementation in these Countries

    4. 8.4The Hiatus Stage: Opportunity to learn from the Indian and Pakistani Experience

    5. 8.5Patterns of Competition Diffusion and Transfer and Enforcement in South Asia

  15. 9Bridging the Implementation Gap

    1. 9.1Introduction

    2. 9.2The Development Imperative

      1. 9.2.1Economic Profiles and Challenges of South Asian Countries

      2. 9.2.2Do Multi-lateral Packages of Economic and Institutional Reform Address Development?

      3. 9.2.3Adapting Competition Legislation for Economic Development

    3. 9.3Competition in the Digital Age

      1. 9.3.1The State of E-commerce in South Asia

      2. 9.3.2Digital and E-commerce Policies in South Asian Countries

      3. 9.3.3Competition Regulation, the Digital Economy, and E-commerce

    4. 9.4Regional Developments and Competition Law Enforcement

    5. 9.5Possible Implementation Strategies for South Asian Countries

  16. Bibliography

  17. Index

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  • Contents
  • Amber Darr, University of Manchester
  • Book: Competition Law in South Asia
  • Online publication: 16 February 2023
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  • Contents
  • Amber Darr, University of Manchester
  • Book: Competition Law in South Asia
  • Online publication: 16 February 2023
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  • Contents
  • Amber Darr, University of Manchester
  • Book: Competition Law in South Asia
  • Online publication: 16 February 2023
Available formats
×