Detailed Information

Cited 0 time in webofscience Cited 0 time in scopus
Metadata Downloads

인도 경쟁법의 최근 발전에 관한 연구A Study on Competition Law of India: Current Development and Enforcement

Other Titles
A Study on Competition Law of India: Current Development and Enforcement
Authors
최요섭이황
Issue Date
2011
Publisher
한국경쟁법학회
Keywords
Competition Law of India; Korea-India CEPA; Cartel; Abuse of Market Dominance; Merger Control; Comparative Competition Law; Monopoly Regulation and Fair Trade Act; 인도경쟁법; 한-인도 CEPA; 카르텔; 시장지배적 지위 남용; 기업결합규제; 비교경쟁법; 공정거래법
Citation
경쟁법연구, v.24, pp 282 - 319
Pages
38
Indexed
KCICANDI
Journal Title
경쟁법연구
Volume
24
Start Page
282
End Page
319
URI
https://scholar.korea.ac.kr/handle/2021.sw.korea/114344
ISSN
1598-2335
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.
Files in This Item
There are no files associated with this item.
Appears in
Collections
School of Interdisciplinary Studies > School of Interdisciplinary Studies > 1. Journal Articles

qrcode

Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.

Related Researcher

Altmetrics

Total Views & Downloads

BROWSE