Competition & Intellectual Property Law
Issues & Perspectives
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Competition jurisprudence bases its argument on market dynamics rather than economy of status like the Monopoly Trade Practice Legislation. So, the development of market jurisprudence in India, in closed economic regime was motivated in that direction. In recent years, however, the apex court and the Monopoly and Restrictive Trade Practices Commission (MRTPC) attempted to experience competition without clarifying their stance and in absence of legislative dictum. To consolidate the stands regarding the relation between the two disciplines, reference was drawn from the countries of long traditi...
Competition jurisprudence bases its argument on market dynamics rather than economy of status like the Monopoly Trade Practice Legislation. So, the development of market jurisprudence in India, in closed economic regime was motivated in that direction. In recent years, however, the apex court and the Monopoly and Restrictive Trade Practices Commission (MRTPC) attempted to experience competition without clarifying their stance and in absence of legislative dictum. To consolidate the stands regarding the relation between the two disciplines, reference was drawn from the countries of long tradition in this field like the United States of America, European Union and other developing economies. Analyzing the legislative and judicial processes of different countries including our own is a part of this attempt.
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