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Academic Articles Awards > Asian Antitrust

Competition and Entry: Do Entrants Deserve Special Protection in India and Other Emerging Economies?

D. Daniel Sokol and Jan Peter van der Veer, Journal of Antitrust Enforcement (2017 Forthcoming)

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Readers’ vote will close on February 9, 2018. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 10, 2018.

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We discuss the question whether competition policy should provide entrants with special protection in the Indian competition law context. Under an effects based approach, competition enforcement should to protect consumers rather than the interests of individual competitors. Entrants deserve special protection only in recently liberalized markets characterized by the presence of a former state monopoly or a current SOE that display specific characteristics such as natural monopoly. Barring such highly specific circumstances, promoting competitors over consumers hurts consumer welfare and innovation. India’s Competition Act is an essential tool for policymakers to promote a transition to greater country competitiveness, innovation, and economic prosperity for India. To achieve these objectives, CCI must implement the Competition Act in a manner that promotes consumers over competitors, and minimizes the distortions of industrial policies instead of amplifying them.

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