Comparative Study of Competition Law between China and Pakistan with Special Reference to the Use of Evidences Submitted by Companies to Other Legal Proceedings

Abstract

The present study makes an attempt to make comparison between China and Pakistan with reference to Competition law. The research aims to find out that whether or not the evidences submitted by the companies during the course investigation can substantially be used in any other legal proceeding. As far as the methodology of this study is concerned, qualitative data analysis is used along with comparative legal method for analyzing “de lege lata” and “de lege ferenda” situation in scope of the solved topic. The study finds out that competition in Pakistan works same as China’s AML since both forbids actions that play their negative role in reducing the competition like market dominance in the market. Therefore, the act encourages agreements that confine and restrict market dominance. Furthermore, methods and policies are stated by the law with reference to review of enquiries, acquisitions, mergers, penalties’ imposition, leniency’s grant along with other aspects of law enforcement. The evidences submitted by the companies during the course investigation can substantially be used in any other legal proceeding. The study concluded while contending that, however, AML in China and competition Act in Pakistan has provided both countries substantive and sound law, but there is need of strong and effective institutional implement which can provide a base for the evidences submitted by the companies during the course investigation to be substantially used in any other legal proceeding. Compliance is promoted by leniency through competition law along with incentives to prohibited arrangements. Qualitative research methodology has been applied to the following article.

The historical evolution and enforcement of competition law in Pakistan

“…For such training, partnerships were made with various competitors' firms, like Turkish Competition Authority, and among the leading scholastic organizations such as Kings College of London and plan establishments like the Korea Policy Centre. These workouts made up a considerable brief medium-term approach for enhancing the staff members' capacity to undertake their jobs and also projects (Soomro, 2021). Additionally, a recent amendment to the service regulation of Competition Commission of Pakistan has meant that a paid study leaves to higher study for a year can be obtained by employees who have served for three years.…”

A Comparative Study of China's Competition Law and Cameroon's Competition Law; With Specific Regards to Challenges in the Implementation of Competition Law in China and Cameroon

“…The Anti-monopoly Law of China is the country's first comprehensive competition law, codifying the existing body of competition-related policies and laws (Soomro & Wang, 2021). Similarly, monopolistic behavior such as misuse of a dominating position, mergers that destroy or restrict competition, and anti-competitive agreements between businesses are prohibited under the law.…”

“…The background of China and Cameroon on competition law shows the relationship between developed and developing countries. This is further explained by Soomro and Wang (2021) who indicated that China's intensification of relations with developing countries like Cameron is attributed to the need to secure raw materials for their booming economy and markets for manufacturers. As such, China insists on having a "sincere friendship" and "reciprocal benefit" with developing countries.…”