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Author: Amber Darr
Publisher:
ISBN: 9781009247139
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
"In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe"--
Author: Amber Darr
Publisher:
ISBN: 9781009247139
Category : Antitrust law
Languages : en
Pages : 0
Get Book Here
Book Description
"In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe"--
Author: Amber Darr
Publisher: Cambridge University Press
ISBN: 1009247158
Category : Law
Languages : en
Pages : 311
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Book Description
In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe.
Author: Jingyuan Ma
Publisher:
ISBN: 9781108762342
Category : Antitrust law
Languages : en
Pages :
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Book Description
"The modern concept of competition law as a proper activity of the State (or group of States, in the case of regional integration areas), and the philosophical orientations that underlie that concept, are largely 'western' inventions. Shortly after the enactment of the first modern antitrust law in the world in Canada in 1889, the United States promulgated the Sherman Act in 1890, and throughout the 20th Century this iconic Act had an enduring and growing international influence. In many dimensions, the dominant paradigms of the competition laws of the United States and the European Union have been assumed to be models fit for emulation in the competition laws of nations around the globe. While the United States and European Union models have important differences, they both embrace (notwithstanding vibrant academic debates) the conceptual foundations of classical and neoclassical economic principles. The extent to which these models resonate and are received as 'transplants' in other parts of the world, and in the present case East Asia, is an ongoing matter of inquiry and debate"--
Author: Maciej Bernatt
Publisher: Cambridge University Press
ISBN: 1108673899
Category : Law
Languages : en
Pages : 275
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Book Description
Competition law is designed to promote a consumer-friendly economy, but for the law to work in practice, competition agencies - and the courts who oversee them - must enforce it effectively and impartially. Today, however, the rule of populist governments is challenging the foundations of competition law in unprecedented ways. In this comprehensive work, Maciej Bernatt analyses these challenges and describes how populist governments have influenced national and regional (EU) competition law systems. Using empirical findings from Poland and Hungary, Bernatt proposes a new theoretical framework that will allow the illiberal influence of populism on competition law systems to be better measured and understood. Populism and Antitrust will be of interest not only to antitrust and constitutional law scholars, but also to those concerned about the future of liberal democracy and free markets.
Author: Michael T Schaper
Publisher: Flipside Digital Content Company Inc.
ISBN: 9814695823
Category : Law
Languages : en
Pages : 317
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Book Description
Small and medium-sized enterprises (SMEs) account for more than 90 per cent of all businesses in the Asia-Pacific region - an area which is rapidly updating its competition laws and regulations to encourage greater entrepreneurship and open, dynamic economies. Yet SMEs are almost invisible when those competition policies and laws are developed and enforced. SMEs are often quite different businesses than large, multinational corporations, but their nature, significance and characteristics are often overlooked. This book seeks to rectify the relative neglect in research and policy discussions on the role of the SME sector in competition policy and law. Drawing on contributions from a wide range of competition regulators, lawyers, academics, consultants and advisers to the SME sector, it addresses such important issues as: perceptions and views of small businesses about competition law; regulator engagement and education of the SME sector; the link between competition law and economic growth; franchising, SMEs and competition law; issues in enforcing competition law against SMEs; the role of Chinese family firms; trade, professional and industry associations; country case studies from Vietnam, Singapore, Indonesia, Malaysia, China, South Korea, Hong Kong SAR, Japan and the Pacific Islands.
Author: Thomas K. Cheng
Publisher: Cambridge University Press
ISBN: 1108699847
Category : Law
Languages : en
Pages : 329
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Book Description
This is the first academic monograph on the new competition law in Hong Kong. It provides an overview of the historical background of the Competition Ordinance, highlighting the debate and the process that led to the adoption of the Ordinance. It offers detailed comparative and theoretical analysis of the key provisions of the Ordinance, focusing on the First Conduct Rule, the Second Conduct Rule, the exclusions and exemptions, and the procedural provisions. It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. It concludes by setting forth of a set of recommendations for further reform.
Author: Gabriella Muscolo
Publisher: Kluwer Law International B.V.
ISBN: 9041186905
Category : Law
Languages : en
Pages : 633
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Book Description
Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields
Author: Nishantha Sampath Punchi Hewage
Publisher:
ISBN: 9783845259505
Category : Foreign Law
Languages : en
Pages : 0
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Book Description
Intellectual Property law is a dynamic field; its ever-changing landscape challenges us to constantly revisit the existing laws and policies. Although ideological currents of a second-tier patent (STP) regime are sweeping through the South Asian region in recent years, the concept of utility model or petty patent remains a largely unexplored option in Sri Lanka and in other parts of the South Asian region. Against this backdrop, this book offers an alternative approach to incentivise minor and incremental innovations of SMEs. It also explores whether Sri Lanka and other developing economies in the South Asian region can benefit from such an STP regime if it is tailored to the specific characteristics of the innovation landscape of the country. Nishantha Sampath Punchi Hewage, LL. B. (Hons.), LLM in IP (MIPLC), is a Lecturer in the Faculty of Law, University of Colombo, Sri Lanka. He is also an Attorney-at-Law of the Supreme Court of Sri Lanka. He conducts research in the field of intellectual property (IP), innovation, competition, and human rights.
Author: Steven Van Uytsel
Publisher: Edward Elgar Publishing
ISBN: 178536183X
Category : Law
Languages : en
Pages : 371
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Book Description
This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate.
Author: Michael W. Dowdle
Publisher: Cambridge University Press
ISBN: 1107355265
Category : Law
Languages : en
Pages : 389
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Book Description
Asian Capitalism and the Regulation of Competition explores the implications of Asian forms of capitalism and their regulation of competition for the emerging global competition law regime. Expert contributors from a variety of backgrounds explore the topic through the lenses of formal law, soft law and transnational regulation, and make extensive comparisons with Euro-American and global models. Case studies include Japan, China and Vietnam, and thematic studies include examinations of competition law's relationship with other regulatory terrains such as public law, market culture, regulatory geography and transnational production networks.
