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Public Interest in Competition

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  • c_cier
    Public Interest in Competition Competition is an important regulator in the era of market economy. The aim of regulating market through competition is survival
    Message 1 of 1 , Jun 15, 2004
      Public Interest in Competition

      Competition is an important regulator in the era of market economy.
      The aim of regulating market through competition is survival of the
      fittest. In many countries such as Australia, competition law and
      policy is based on this principle.

      However, there are instances when ruthless operation of free market
      needs to be tempered by other policy considerations. These policy
      considerations referred to as public interest in competition law
      allows the regulator to give protective shield to certain practices
      and policies that would otherwise be hit by competition law. India on
      the pattern of U.K. had such a provision in its competition law
      earlier. However, now the country (India) has come up with a new
      competition law that does not allow any such exception from the
      application of competition law principles.

      Nevertheless public interest in competition law remains a debatable
      issue and many developing countries have provided for such provision.
      Even the Doha Declaration states that in negotiations on interaction
      between trade and competition policy, "Full account shall be
      taken
      of the needs of developing and least developing country participants
      and appropriate flexibility provided to address them." (para 25)

      It would be a useful exercise to examine provisions for public
      interest in competition law in different countries and interpretation
      by the courts of those provisions. The issue is currently being
      researched by CUTS-International. For this any information provided
      regarding the provision for public interest in different countries
      and its interpretation by the courts would be highly appreciated.
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