인도 경쟁법의 최근 발전에 관한 연구

Abstract

Competition Act of India, 2002 (amended in 2007), entered into force in 2003. This legal provision has been recognised as an important means for ensuring process of competition in the Indian market. Its purposes are to prevent practices having adverse effects on competition, to promote and sustain competition in the market, to protect the interests of consumers and to ensure freedom of trade carried on by other participants. In order to achieve the aims above, the competition authority of India provides legal provisions, including section 3, which covers anti-competitive agreements, section 4 for prohibiting abuse of market dominance, and sections 5 and 6 which deal with combinations (mergers & acquisitions). In fact, there are a quite number of researches on competition laws of developed countries. However, it is difficult to find a study on other competition jurisdictions in the developing world. Therefore, this article aims to introduce the legal structure of Indian competition law and enforcement, including current development in case law. There is no doubt that understanding competition laws in other countries is very crucial since the world economy or international free trade allows multinational enterprises to penetrate into the foreign or global markets. If they do not have sufficient level of knowledge about competition laws in importing or host countries, the possibility of violation of the relevant competition law provisions will increase. For this reason, it would be worthy studying the substantive provisions of competition law of India and case law because we can expect the increase volume of trade between Korea and India after the CEPA, and this trade development may bring possible competition lawsuits in the future. To conclude, this research will be helpful for the Korean lawyers and companies that are willing to trade in India in order to avoid any possible infringement of the law. Furthermore, we can expect that this study will be the attempt to export the Korean legal techniques of competition law to India for her competition law development.