Challenging the need for a 'Global' Competition Law

Article


Cejnar, Leela and Burgess, Rachel. 2014. "Challenging the need for a 'Global' Competition Law." ECLR: European Competition Law Review. 35 (9), pp. 461-467.
Article Title

Challenging the need for a 'Global' Competition Law

ERA Journal ID33297
Article CategoryArticle
AuthorsCejnar, Leela (Author) and Burgess, Rachel (Author)
Journal TitleECLR: European Competition Law Review
Journal Citation35 (9), pp. 461-467
Number of Pages7
Year2014
Place of PublicationUnited kingdom
ISSN0144-3054
Web Address (URL)https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=30791406&recordid=455
Abstract

In recent years there has been increasing global recognition of the importance and significance of competition law to business and commercial conduct. Over 120 jurisdictions have now adopted a system of competition law with an increasing number of others currently in the process of developing some competition law framework.

These jurisdictions seek to regulate anti-competitive behaviour for the reason that competition is primarily intended to increase a market’s allocative, productive and dynamic efficiencies, thereby increasing innovation, offering consumers better prices, services and choices and improving economic welfare. As such, most of these competition law regimes share common characteristics and features, including prohibitions on certain types of behaviour such as horizontal agreements between firms (for example, cartels aimed at market-sharing, price fixing, limiting production and collusive tendering), vertical restraints between firms operating at different levels of the market and excessive aggregation of market power.
However, there are many economic, social, cultural and political differences between these jurisdictions, making it difficult to reconcile the benefits of removing hindrances to competition with the need for a set of “global” competition laws and policies. In addition, the uncertainty of how competition law should apply across jurisdictions remains the subject of debate.

One complication challenging the need for a “global” competition law is that while many countries have adopted some form of competition law system or framework, some countries have opted to not legislate to protect competition, relying either on the market itself (such as by promoting free trade to bring about desired economic benefits) or on other types of laws to protect competition or on state control and planning. On the other hand, some countries have looked at unilateral, regional or bilateral arrangements or a mixture of these, to create some common order with regard to the application and enforcement of competition law. To what extent, therefore, can competition law be “global”?

This article will consider what attempts have been made to develop a set of “global” competition laws, what the scope of such laws might be and how they might be implemented and whether, if a competition law cannot be truly “global”, efforts in this area should be focused instead on enhanced international co-operation.

Keywordscompetition law; globalisation; international co-operation; international law; national competition authorities
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsUniversity of New South Wales
Amicitia Sdn Bhd, Malaysia
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q5qy7/challenging-the-need-for-a-global-competition-law

  • 113
    total views
  • 7
    total downloads
  • 3
    views this month
  • 0
    downloads this month

Export as

Related outputs

Trade Associations: Competition Law Advocates or Offenders?
Burgess, Rachel. 2016. "Trade Associations: Competition Law Advocates or Offenders?" Schaper, Michael T. and Lee, Cassey (ed.) Competition Law, Regulation and SMEs in the Asia-Pacific: Understanding the Small Business Perspective. Singapore. ISEAS Publishing. pp. 192-208
Promoting Convergence in ASEAN Competition Laws and Practice
Maximiano, Ruben Lapa, Burgess, Rachel and Meester, Wouter. 2019. "Promoting Convergence in ASEAN Competition Laws and Practice." Burnier da Silveira, Paulo and Kovacic, William Evan (ed.) Global Competition Enforcement: New Players, New Challenges. Alphen aan den Rijn, The Netherlands. Kluwer Law International. pp. 233-262
Competition Law and Policy in the Philippines: A Role in Sustained and Inclusive Economic Growth
Burgess, Rachel. 2019. "Competition Law and Policy in the Philippines: A Role in Sustained and Inclusive Economic Growth." Deinla, Imelda and Dressel, Bjoern (ed.) From Aquino II to Duterte (2010–2018): Change, Continuity—and Rupture. Singapore. ISEAS Publishing. pp. 186-204
The globalization of competition law: yes or no?
Cejnar, Leela and Burgess, Rachel. 2015. "The globalization of competition law: yes or no?" Duns, John, Duke, Arlen and Sweeney, Brendan (ed.) Comparative competition law. Cheltenham, United Kingdom. Edward Elgar Publishing. pp. 9-24
Following from afar: Malaysia’s competition law looks to Europe
Burgess, Rachel and Cejnar, Leela. 2014. "Following from afar: Malaysia’s competition law looks to Europe." ECLR: European Competition Law Review. 35 (7), pp. 333-340.
Competition laws in ASEAN: opportunities and obligations for SMEs
Dorai Raj, Shila and Burgess, Rachel. 2016. "Competition laws in ASEAN: opportunities and obligations for SMEs." Australian Journal of Competition and Consumer Law. 24 (3), pp. 258-265.
The Philippine Competition Act and the small business sector framework for development
Grecia-de Vera, Gwen and Burgess, Rachel. 2018. "The Philippine Competition Act and the small business sector framework for development." Philippine Law Journal. 91, pp. 566-602.
Smes and Malaysia's New Competition Law: Experiences to Date
Dorai Raj, Shila and Burgess, Rachel. 2016. "Smes and Malaysia's New Competition Law: Experiences to Date." Schaper, Michael T. and Lee, Cassey (ed.) Competition Law, Regulation and SMEs in the Asia-Pacific: Understanding the Small Business Perspective. Singapore. ISEAS Publishing. pp. 292-308
SMEs and private enforcement of competition law: achieving redress
Burgess, Rachel. 2016. "SMEs and private enforcement of competition law: achieving redress." Global Competition Litigation Review.