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The Indian Competition Act: A Historical and Developmental Perspective

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  • Mazhuvanchery Shiju Varghese

Abstract

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.

Suggested Citation

  • Mazhuvanchery Shiju Varghese, 2010. "The Indian Competition Act: A Historical and Developmental Perspective," The Law and Development Review, De Gruyter, vol. 3(2), pages 241-270, May.
    • Handle: RePEc:bpj:lawdev:v:3:y:2010:i:2:n:8
    DOI: 10.2202/1943-3867.1060
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    References listed on IDEAS

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    1. J. Gregory Sidak & David J. Teece, 2009. "Dynamic Competition In Antitrust Law," Journal of Competition Law and Economics, Oxford University Press, vol. 5(4), pages 581-631.
    2. Aditya Bhattacharjea, 2008. "India'S New Competition Law: A Comparative Assessment," Journal of Competition Law and Economics, Oxford University Press, vol. 4(3), pages 609-638.
    3. Oliver Solano & Andreas Sennekamp, 2006. "Competition Provisions in Regional Trade Agreements," OECD Trade Policy Papers 31, OECD Publishing.
    4. Ajit Singh, 2006. "Competition and Competition Policy in Emerging Markets: International and Developmental Dimensions," Chapters, in: Philip Arestis & John S.L. McCombie & Roger Vickerman (ed.), Growth and Economic Development, chapter 12, Edward Elgar Publishing.
    5. Chimni Bhupinder, 2008. "The Sen Conception of Development and Contemporary International Law Discourse: Some Parallels," The Law and Development Review, De Gruyter, vol. 1(1), pages 3-22, December.
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    Cited by:

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