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Local Competition Laws (Comparative Perspective)

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Objectives

By the end of this lecture, students should be able to:

  • Understand the structure and purpose of local competition laws
  • Compare competition law frameworks across different regions
  • Identify similarities and differences in enforcement approaches
  • Analyze key regional and national competition cases
  • Appreciate the role of regional integration in competition law enforcement

1. Introduction to Local Competition Laws


1.1 Meaning of Local Competition Laws


Local competition laws are national or regional legal frameworks enacted to regulate market behaviour within a specific jurisdiction. These laws aim to prevent anti-competitive conduct, promote market efficiency, and protect consumer welfare.


1.2 Importance of Local Enforcement


Effective local enforcement ensures that competition law principles are adapted to domestic economic conditions while aligning with international standards.


1.3 Interaction with Global Competition Law


Local laws increasingly operate alongside international cooperation mechanisms, especially in cross-border cases involving multinational corporations.


2. Competition Law in Africa


2.1 Regional Competition Frameworks


Africa has developed regional competition regimes to support economic integration and harmonised enforcement.

  • COMESA Competition Regulations apply to cross-border trade within member states and address restrictive business practices, abuse of dominance, and mergers.
  • ECOWAS and SADC have emerging competition law frameworks supporting regional trade.

2.2 National Competition Laws


Many African states have enacted national competition statutes to regulate domestic markets.

  • South Africa enforces competition law through the Competition Act, supported by the Competition Commission and Competition Tribunal.
  • Zambia regulates competition through the Competition and Consumer Protection Act, enforced by the Competition and Consumer Protection Commission.

2.3 Case Study: Zambia Sugar (2018)


The case involved allegations of abuse of dominance in the sugar market. It demonstrated the application of competition law principles to protect market access and prevent exclusionary conduct.


3. Competition Law in Asia


3.1 China


China’s *Anti-Monopoly Law* regulates monopolistic agreements, abuse of dominance, and mergers. Enforcement is conducted by specialised authorities with increasing global influence.


3.2 Japan


Japan’s *Antimonopoly Act* focuses on cartels, bid-rigging, and unfair trade practices, enforced by the Japan Fair Trade Commission.


3.3 India


India’s *Competition Act, 2002* establishes the Competition Commission of India, which oversees anti-competitive agreements, abuse of dominance, and mergers.


4. Competition Law in Europe


4.1 European Union Competition Law


EU competition law is primarily governed by Articles 101 and 102 of the Treaty on the Functioning of the European Union.

  • Article 101 prohibits anti-competitive agreements
  • Article 102 prohibits abuse of dominant position

4.2 Enforcement Mechanisms


The European Commission works alongside national competition authorities through the European Competition Network to ensure uniform enforcement.


4.3 Case Study: Microsoft (2007)


The case addressed abuse of dominance through tying practices. The European Commission imposed substantial fines and behavioural remedies, reinforcing strict enforcement against dominant firms.


5. Competition Law in the Americas


5.1 United States


US competition law is governed by the *Sherman Act*, *Clayton Act*, and *Federal Trade Commission Act*, enforced by the Department of Justice and the Federal Trade Commission.


5.2 Brazil


Brazil enforces competition law through *CADE, which regulates cartels, abuse of dominance, and mergers within the Brazilian market.


5.3 Extraterritorial Application


American competition laws apply to foreign conduct that has a substantial effect on US commerce, demonstrating a strong extraterritorial approach.


6. Comparative Analysis of Local Competition Laws


6.1 Common Features


Most competition regimes prohibit cartels, abuse of dominance, and anti-competitive mergers while promoting consumer welfare.


6.2 Differences in Enforcement


Differences arise in institutional structures, penalties, merger thresholds, and procedural rules.


6.3 Trend Towards Harmonisation


Globalisation has encouraged convergence of competition laws, supported by international institutions and cooperation frameworks.


7. Conclusion of Lecture 6


7.1 Summary


This lecture examined competition laws across Africa, Asia, Europe, and the Americas, highlighting regional frameworks, enforcement mechanisms, and notable cases.


7.2 Course Wrap-Up


Together with earlier lectures, this session completes the core structure of global competition law by linking international principles with local enforcement.


➡ Lecture 7: Final Revision and Case Law Synthesis

Local Competition Laws (Comparative Perspective) /E-cyclopedia Resources by Kateule Sydney is licensed under CC BY-SA 4.0

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