Comparing Competition Law: Anti-Monopolization in Pakistan, India, the UK, and the USA

Abstract

The paper made a comparative research study between the Pakistan, India, United Kingdom, and the United States anti-monopolization laws with emphasis on the legal, institutional, and economic aspects of regulating dominant market power. Based on statutory structures, judicial interpretations and enforcement processes, the research paper points out the way each jurisdiction interprets dominance, the restriction of monopolistic activities and allows enactment of competition laws. Whereas Pakistan and India take on the administrative models under influence of EU meaning the focus on the interests of the population and equity, the UK pursues a hybrid regime based on the principles of EU competition law and influenced by post-Brexit development. Conversely, the United States has been using a tradition of common law where judicially established standards are identified to favor consumer welfare and economic efficiency. According to the analysis, one of the most notable differences pertains to the local enforcement approach, levels of proof and remedies as they are the result of various historical legacies, economy, and institutional capability. The paper holds that in spite of all the four jurisdictions aiming the hindrance of the abuse of market dominance, they have different legal traditions and policy goals, which results in different regulatory consequences. This relative view provides important lessons to the policymakers and the scholars that are concerned with implementing effective competition law regimes in the advanced economies and the developing economies.