Table of Contents

Research Handbook on International Competition Law

Research Handbook on International Competition Law

Elgar original reference

Edited by Ariel Ezrachi

This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position.

Chapter 6: The role of NGOs in competition law enforcement

Pradeep S Mehta, Udai S Mehta and Cornelius Dube

Subjects: law - academic, competition and antitrust law, international economic law, trade law, public international law

Extract

Consumers are the raison d’être of all economic management activities. The enforcement of competition law results in benefits for both consumers and the whole economy. Consumer welfare gains from competition enforcement are now widely recognised. Consumers gain when they can choose between efficient producers based on merit. On the other hand, they lose when competition and innovation are stifled through collusion, the abuse of market power or increased concentration on the market. It is on this basis that non-governmental organisations (NGOs) pursuing consumer welfare goals have seen fit to devote resources to influencing policies towards promoting a healthy competition culture. NGO in this context refers to any non-profit, voluntary group, which can either be organised at a national or international level, performing a variety of functions aimed at bringing consumers’ concerns to governments as well as advocating and monitoring consumer-oriented public policies. In most cases, such NGOs would also go beyond this to provide analysis and expertise, which would serve as early warning mechanisms in monitoring and implementation of the policies. This chapter focuses on the role that NGOs working on competition issues play in facilitating competition, and various avenues through which NGOs can involve themselves in competition advocacy, legislation and enforcement.

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