Concept and Different Types of Restrictive Business Practices in the Legal Orders of BRICS Countries (the Case of China, India, Russia and South Africa)
Abstract
The article represents a research of general approaches of BRICS countries legislation and legal order to counteraction against leading anticompetitive market strategies with regard to legal orders of China, India, Russia and South Africa. Different theoretical and practical approaches regarding establishment of legality or illegality of the agreements able to be considered as restrictive business practice under the law of China, India and South Africa are analyzed. The authors pay attention to current legislation of BRICS countries regarding competition protection with regard to provisions related to ‘horizontal’ and ‘vertical’ restrictions of trade, concerted practices, deceptive conducts and collusions, unfair sales techniques, pricing and selling strategies. It can be argued that our society is interested in the engagement of a population in trade and industrial activity, however, this rule allows exceptions: restrictions of freedom of trade can be justified by exceptional circumstances in certain cases and under certain circumstances.
References
[2] D`Amore, M.R. 2004. Fijación vertical de precios en el futbol codificado: el caso TRISA-TSCSA. BLC., 19: 3–32.
[3] Dudin, M.N., Frolova, E.E, Belikova, K.M., and Badaeva, N.V. 2016. Particularities of Legal Regulation and Harmonization of Proprietary Rights Legislation in the RSA, Brazil and China. Journal of Advanced Research in Law and Economics, 5(19): 1026 – 1036.
[4] Eremenko, V.I. 2012. Antitrust legislation of the people's Republic of China. Competition law, 1: 23–28
[5] John, L. 2012. Engaging BRICS. Challenges and Opportunities for Civil Society. Study supported by Oxfam India. Oxfam India working papers series. September 2012. OIWPS – XII. Available at: http://www.oxfamindia.org/sites/default/files/Working%20paper%2012.pdf (accessed 10.01.2016)
[6] O’Neill, J., and Stupnytska, A. 2009. The Long-Term Outlook for the BRICs and N-11 Post Crisis. Goldman Sachs Global Economics Paper No: 192, December 4. Available at: http://www2.goldmansachs.com/ideas/brics/brics-at-8/BRICS-doc.pdf (accessed 10.01.2016).
[7] Perlov, I.D. 1979. Optionality. The Great Soviet Encyclopedia. Available at: http://encyclopedia2.thefreedictionary.com/Optionality (accessed 25.01.2016)
[8] Regazzini, E. et al. (ed). 2012. Competition Law in the BRICS Countries. Alphen aan den Rijn: Kluwer Law International, 108 pp.
[9] Svitkova, V.S. (Eds). 1993. Economic reform in China. Conversion in the city 1985-1988: Papers. Moscow: Science, Eastern. lit., 312 pp.
[10] Wegener, R.J. 2000. ‘Nonprice Vertical Restraints: the good, the bad, and the undecided.’ SD62 ALI-ABA 63 (1999), at 67. As quoted in: Rocha e Silva, L. Law and policy towards vertical restraints of trade: the case of Brazil. Boletín Latinoamericano de Competencia (further on – BLC), 9 (2): 34–50.
[11] Yang, L. 2006. Chinese competition policy. BLC, 22: 25-31.
*** China, Anti-Monopoly Law of the People's Republic of China of 2007 No. 68, has been adopted at the 29th meeting of the Standing Committee of the 10th National People's Congress of the PRC (further on - AML). Available at: http://english.mofcom.gov.cn/aarticle/policyrelease/announcement/200712/20071205277972.html (accessed 11.01.2014)
*** Concept of participation of the Russian Federation in the BRICS Association. 3rd International conference on the competition under the auspices of BRICS started in Delhi. (Nov. 22, 2013). Available at: http://www.fas.gov.ru/fas-news/fas-news_34993.html (accessed 31.05.2016)
*** Consolidated versions of the Treaty on the functioning of the European Union (OJ C115, 9.5.2008). Available at: http://eur-lex.e (accessed 12.01.2014)
*** India, Competition Act of 2002, 2003, No. 12, Acts of Parliament. (2002). Available at: http://www.unctad.org/sections/ditc_ccpb/docs/ditc_ccpb_ncl_India_en.pdf (accessed 29.06.2013)
*** Public and Consultative Councils. (n.d.). Available at: http://www.fas.gov.ru/community-councils/ (accessed 12.01.2016)
*** Russia, Federal Law #135-FZ of July 16th, 2006 ‘On Protection of Competition’ (as amended in 2011). Available at: http://en.fas.gov.ru/legislation/legislation_50915.html (accessed 11.01.2014);
*** South Africa’s National Research and Development Strategy. Publ. by the Government of the Republic of South Africa August 2002. Available at: http://www.info.gov.za/otherdocs/2002/rd_strat.pdf (accessed 02.09.2012)
*** South Africa, Competition Act No. 89 of 1998, § 3(1-2) (S. Afr.) as amended in 2009. Available at: http://www.compcom.co.za/assets/Files/Competition-Amendment-Act.pdf (accessed 12.01.2014)
*** The concept of Russia's participation in BRICS. Available at: http://static.kremlin.ru/media/events/files/41d452a8a232b2f6f8a5.pdf (accessed 14.14.2013)
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