Utkarsh Kumar, Rajiv Gandhi National University of Law, Patiala
Sarthak Srivastava, Vivekananda Institute of Professional Studies, IPU
ABSTRACT
This paper undertakes a comparative analysis of the evolution of anti-trust law in the West and India, examining the key tenets, historical shifts, and challenges of each jurisdiction. By tracing the development of anti-trust principles from their early foundations in the Sherman Act (US) and Restrictive Trade Practices Act (India) and explores the diverse philosophical and economic underpinnings that inform each system.
The analysis highlights core areas of convergence, such as the focus on curbing anti-competitive practices and promoting market efficiency. However, it delves into key differences, including the emphasis on consumer welfare in the West against a broader focus on public interest in India. Additionally, it examines the impact of globalization and changing market dynamics on both jurisdictions, exploring how anti-trust law has adapted to address emerging challenges like digital platforms and data dominance.
Through a critical comparative lens, the paper sheds light on the successes and limitations of each approach. It explores how Western jurisdictions have grappled with balancing robust enforcement with regulatory burden, while India navigates the complexities of integrating anti-trust principles into a developing economy. The paper concludes by highlighting the pattern of development of Anti-Trust Laws in the West and in the Indian Legal System.
Keywords: Anti-trust, competition law, comparative law, Western legal systems, Indian legal system, market efficiency, consumer welfare, public
interest, globalization.
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