인도 경쟁법의 최근 발전에 관한 연구
A Study on Competition Law of India: Current Development and Enforcement
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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.
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.
참고문헌 (33)
- 김봉철, "공정거래법" (2011), 한국외국어대학교 출판부
- 권오승, "경제법 제8판" (2010), 법문사
- 신현윤, "｢경제법｣, 제3판" (2010), 법문사
- 양명조, "｢경제법 강의｣, 제8판" (2010), 신조사
- 이기수, "｢경제법｣, 제8판" (2009), 세창출판사
- 정완, "인도(India)의 경쟁법과 경쟁정책", 법과정책연구, 10(1), pp.131~151 (2010), 한국법정책학회
- 홍명수, "인도 경쟁법인도 경쟁법(Competition Act)의 개괄", 경쟁법연구, 15 (2007), 한국경쟁법학회
- Areeda, "“Antitrust Analysis: Problems, Texts, and Cases”, 6th edn" (2004), Aspen Publishing
- Choi, Yo Sop, "Analysis of the Microsoft, Intel and Qualcomm Decisions in Korea", European Competition Law Review, 31(11) (2010)
- Dabbah,Maher M, "International and Comparative Competition Law" (2010), Cambridge University Press
- Dhall, Vinod, "Competition Law in India", Antitrust, (Spring) (2007)
- Elhauge, Einer, "Global Competition Law and Economics”, 2nd edn" (2011), Hart Publishing
- Fox, Eleanor M, "Competition in International Economic Law, 2nd edn" (2008), Oxford University Press
- Fox,Eleanor and Daniel Crane, "Global Issues in Antitrust and Competition Law" (2010), West
- Furse, Mark, "Competition Law of the EC and UK(6th edn)" (2008), Oxford University Press
- Furse,Mark, "Antitrust Law in China, Korea and Vietnam" (2009), Oxford University Press
- Gal,Michal S, "Competition Policy for Small Market Economies" (2003), Harvard University Press
- Hovenkamp, Herbert, "Federal Antitrust Policy: The Law of Competition and Its Practices”, 4th edn" (2011), West
- Jones, Alison, "U Competition Law: Text, Cases, and Materials(4th edn)" (2010), Oxford University Press
- Matsushita, Mitsuo, "The World Trade Organization: Law, Practice, and Policy(2nd edn)" (2006), Oxford University Press
- Noonan,Chris, "The Emerging Principles of International Competition Law" (2008), Oxford University Press
- Ramappa, T, "Competition Law in India, 2nd edn" (2009), Oxford University Press
- Singh, Rahul, "The Teeter-Totter of Regulation and Competition: Balancing the Indian Competition Commission with Sectoral Regulators", Washington University Global Study Law Review, 8 (2009)
- Sullivan, Lawrence A, "The Law of Antitrust: An Integrated Handbook”, 2nd edn" (2006), West
- Sweeney, Brendan J, "The Internationalisation of Competition Rules" (2010), Routledge
- Whish, Richard, "“Competition Law”, 6th edn" (2009), Oxford University Press