LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

COMPARATIVE STUDY OF COMPETITION ENFORCEMENT IN INDIA, GERMANY AND THE UNITED STATES

AUTHORED BY:

Mr. PUSHKAR DEO, 

Student,

School of Law, UPES Dehradun

CO-AUTHORED BY:


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ABSTRACT

The advent of the laissez-faire economy has proved to be a boon for markets and consumers alike. With minimal interference from the state, the market is able to adjust to the demand as and when required. The interests of the consumers receive maximum response and they have a chance to choose goods and services from various producers and manufacturers. Thus, a free market economy is characterised by heavy competition between various producers to serve the best interests of the consumers. To uphold and protect this competitive structure of the market, a legal framework is absolutely necessary. This framework ensures that producers do not engage in activities which are detrimental to the interests of the consumers. It has been observed that competition and consumer protection play a direct and important role in promoting economic growth and reducing poverty. It stimulates innovation, productivity and competitiveness, contributing to an effective business environment.

Competition watchdogs play a quintessential role in actual enforcement of the law. An effective enforcement of the law leads to its effective implementation assisting in building a body of precedents which clarifies the meaning of the law for the competition agencies and enterprises alike and lends robustness and vibrancy to the legislation.

This paper aims to do a comparative study of the structure of competition enforcement agencies in India, Germany & the United States. Following a brief outline of competition law in the countries, a detailed doctrinal study would be undertaken to understand the fundamentals of competition enforcement in those countries. A broad conclusion would then be drawn understanding the possible defects in the enforcement regimes of all the countries.

KEYWORDS:

Competition, Sherman Act, GWB, CCI, Anti-trust, Enforcement

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