Darr, A; (2016) The Interplay of Institutions. Linkages between Enacting and Implementing Competition Law in India. (CLES Research Paper series 4/2016). Centre for Law, Economics and Society, UCL Faculty of Laws: London, UK.

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Abstract

This paper explores the impact of the diffusion strategy adopted by India for acquiring its competition law on the manner in which the competition law has and is being implemented in the country. It argues that the diffusion strategy has a direct as well as in indirect impact on the implementation of the competition law. The direct impact of the diffusion strategy derives from the manner in which the strategy shapes the content of the law particularly the provisions relating to the structure, mandate and composition of the implementing institutions created by the law. This impact direct affects the decision making of the implementing institutions and thereby directly charts the implementation trajectory of the law. The indirect impact derives from the impact of the strategy on the legitimacy of the law. The competition law may be challenged before general courts in India on grounds of legitimacy and the decisions of these courts indirectly impact the manner in and direction along which the law is implemented.

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