Abstract
The article presents research on the general approaches taken by BRICS countries through their legislation and legal orders to counteract anticompetitive market strategies such as abuse of dominant market power and market structure control, as a means of both global and regional governance in the legal orders ofChina,India,Russia, andSouth Africa. The author pays particular attention to current legislation of the BRICS countries in the field of competition protection with regard to provisions related to (1) the criteria for establishment of a dominant market position and (2) market structure control and restriction of anticompetitive mergers & acquisitions, and 'concentration' of enterprises' market power control fixed by Asian (China and India), Euro-Asian (Russia), and African (South Africa) legal orders and prohibition of abuse of market power. The article argues that our society is interested in the engagement of the population in trade and industrial activity. This is the general rule. Nowadays, however, this rule allows exceptions: restrictions on freedom of trade can be justified by exceptional circumstances in certain cases and under certain circumstances (e.g. an exemption necessary in the interest of security of the state or public interest). The analysis of substantial contents of the laws on competition and monopolies of the abovementioned BRICS countries and relevant case law shows the existence of a number of conventional, generally acknowledged (unified) provisions and norms. At the same time, there are specific features that make them different. These generally acknowledged provisions and peculiarities are a focus of the article.
Highlights
The article presents research on the general approaches taken by BRICS countries through their legislation and legal orders to counteract anticompetitive market strategies such as abuse of dominant market power and market structure control, as a means of both global and regional governance in the legal orders of China, India, Russia, and South Africa
Criteria for establishment of a dominant market position fixed by Asian (China and India), Euro-Asian (Russia), and African (South Africa) legal orders and prohibition of abuse of market power; 3
The law defines that dominant position can refer to the company: (1) with market share less than 35% if there is a stable kernel of the largest companies in this market; (2) if the company products are unique and have no substitutes, and the consumer is not able to reduce the consumption of these products, in spite of price growth; (3) if access by new sellers into the market is complicated, and the prices and other conditions of sale of goods established by the company are freely accessed
Summary
Concentrations between undertakings can help increase economic scale, optimize resource allocation, and enhance the competitiveness of enterprises. They may result in the decrease in the number of competitors. When the concentration of undertakings reaches a level where undertakings can dominate or control a market, it may eliminate or restrict competition. Concept and general characteristics of sources of competition law within the legal orders of China, India, Russia, and South Africa with regard to abuse of dominance; 2. Criteria for establishment of a dominant market position fixed by Asian (China and India), Euro-Asian (Russia), and African (South Africa) legal orders and prohibition of abuse of market power; 3. BRICS domestic competition authorities cross-border cooperation and interaction in the field under study
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
