竞争法的演变和发展路线图:印度

J. Singh
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摘要

竞争法律和政策是发展中国家的固有组成部分,不仅保护其国内市场,而且在国际市场上公平有效地竞争。这些政策在促进可持续发展和限制抑制经济增长的反竞争行为方面发挥了非常重要的作用。竞争法的执行必须与该国的整体发展水平相一致,因为没有一种法律框架可以适用于所有司法管辖区。印度的竞争政策为工业在国内和国际上竞争创造了一个积极和可行的环境,目的是利用先进技术和充足的资本促进经济发展。因此,政府必须在促进经济自由化方面发挥积极作用,重点关注各种政策,如外国直接投资,技术许可,知识产权和消除贸易壁垒,而不仅仅是遵循传统的竞争法原则。竞争政策主要关注的是具有市场力量的企业不能通过反竞争行为损害消费者的利益。竞争法和竞争政策是相辅相成的,但又可以区分开来。本文旨在描述印度竞争法的演变。为什么印度需要这样的法律,引入MRTP和竞争法案的主要原因是什么?
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ROAD MAP OF EVOLUTION AND DEVELOPMENT OF COMPETITION LAW: INDIA
The Competition law & policy forms an inherent part of developing world to not only protect their domestic markets but also compete fairly and effectively in the international market. These policies have been very instrumental in fostering sustainable development as well as restricting anti-competitive behaviour which inhibits economic growth. The implementation of competition law must be in coherence with the level of overall development in the country since there is no one legal framework which would suit all the jurisdictions. The competition policy of India creates an active and viable environment for the industries to compete domestically as well as internationally with an aim to promote economic development using advanced technologies and an adequate capital. Hence the government must play an active role in promoting economic liberalization by focusing on various policies such as foreign direct investment, licensing of technology, intellectual property rights and eliminating trade barriers rather than just following the conventional principles of the competition law. The competition policy’s main concern is that the corporations with market powers are not able to harm the interests of consumer by anti-competitive practices. Although the competition law and competition policy goes hand in hand yet they can be distinguished. This article has the intention to portrait the evolution of the competition law in India. Why do we need such kind of law in India, what were the major reasons to bring MRTP and the road forward to Competition act?
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