In this issue:
A particularly effective way to highlight key antitrust issues that may fall under the radar is to look at case studies from developing competition regimes. In this issue, our authors discuss several issues that should get more visibility. From India, we have the problems of defining “enterprises,” vexatious litigation, and a major change in a political regime. And from Iran, Israel, and Pakistan we have, respectively, risks of defining competition within a privatization framework, foreign competition activity triggering domestic follow-on activity, and regulatory capture. All challenging issues, and not easily solved.
-
Case Studies from Developing Competition Regimes
Defining “Enterprises” Poses a Jurisdictional Challenge
Is there a need to remind the Commission of the need to strictly limit the application of the sovereignty exemption? Abdullah Hussain (Luthra & Luthra)
Competition Law Scrutiny of Vexatious Litigation in India: Recent Developments
The Order passed by the Commission does not prescribe a prima facie legal standard for the characterization of pursuit of legal action as abusive or anticompetitive. Ravisekhar Nair & Shivanghi Sukumar (Economic Laws Practice)
Expectations from the CCI after Five Years of Existence and a Change in Federal Government
The best course for the regulator should be to ensure compliance of the law while evoking caution, but not fear, while dealing with the realities of the economy. KK Sharma (KK Sharma Law Offices)
An Introduction to Iranian Competition Law and Policy
Although there are some problems regarding the enforcement of competition rules in Iran, having a competition law and policy is a big step. Mina Hosseini (Shahid Beheshti University)
Israel—”Follow-On” Class Actions Against International Cartels
The petitioners wish to walk (at least partially) in a “plowed pathway” even though it has been “plowed by a foreign plow.” Tal Eyal-Boger & Ziv Schwartz (Fischer Behar Chen Well Orion & Co.)
Regulatory Capture: Private Interests Deriving Public Policy—The International Clearing House Case in Pakistan
This case shows how private interests find their way in forming public policy. Joseph Wilson (Competition Commission of Pakistan)
