![]() A growing scholarship has also started do discuss a different paradigm of competition law in developing countries that takes into account their development concerns. This is true when we look at the goals of competition law in developing countries, which often encompass non-economic objectives, such as public interest, fairness, competitiveness of Small and Medium Sized Enterprises (SMEs), and preservation of employment. On the other hand, developing countries advocate a different competition law language: the language of development that goes beyond a mere focus on efficiency. ![]() ![]() On the one hand, we seem to be heading to a soft convergence in the theory and practice (with efficiency as a core principle) of competition law. This article discusses the parallel development and diverging trends on modern competition law. Doing so leads to cross cultural misuses, confusion, and strife. Unless we understand, and respect, those modes of thought, we are not entitled to superimpose our concept of market and competition, and our understanding of economy, belonging and efficient behavior upon other, non-Western, cultures. This is by allowing the CA 2010 to open up the market to those enterprises providing them the opportunity to participate at all levels of production chain and putting an end to the phenomenon that they have to crowd into the least profitable level.Įvery cultural mode of thought has its own concept of market, competition, economy in general, property, collectivity goods, trust and decency. Based on an analysis of the existing provisions of the CA 2010, this paper finds that Chapters 1 and 2 prohibitions can be used againstèthnic cartels' which have the effect of preventing Bumiputera enterprises from participating in the market. ![]() This paper finds Malaysian competition legislative enactment, that is the Competition Act 2010, does not make any explicit reference to Malaysia's affirmative policies. It analyses the different goals of competition law and explains how that may accommodate Malaysia's race-based affirmative action programme (or also known as the pro-Bumiputera policies) introduced via the New Economic Policy (NEP) post 1969 racial riot and adopted in 1971. This paper examines the interface between competition law and affirmative action in Malaysia. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. Archives
January 2023
Categories |