Competition Law
Competition law is a body of law which regulates firms and promotes competition among them in markets. It is increasingly an important feature of modern economies and it seeks to ensure that firms do not act to limit or manipulate the market for their own gain. Competition law, or antitrust law, is generally broken up into three distinct areas of regulation:
1. Prohibition of anti-competitive behavior, such as cartels and price fixing, that tend to limit competition and reduce consumer welfare.
2. Promotion of competition, such as mergers and acquisitions, which can help to stimulate innovation and improve efficiency.
3. Restrictions on dominant firms and/or markets, which can prevent large firms from using their market power to the detriment of small firms and consumers.
The main international principles and agreements in the area of competition law are the OECD Competition Principles and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. These agreements are the basis for the laws enacted by individual countries. In the United States, the antitrust laws are embodied in the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. In the European Union, the main competition law is the European Competition Law.
In terms of how competition law is enforced, each country has its own enforcement agency responsible for overseeing and sanctioning firms that violate the law. For example, in the U.S., the enforcement agency is the Federal Trade Commission (FTC). In the European Union, the European Commission polices competition and antitrust violations. The enforcement of competition law is complicated and often politically charged, as governments may not always be as impartial as they should be.
Competition law has been developed over the last century and is based on the idea that markets should be free from external interventions that would limit or hinder competition. The law seeks to ensure that firms are able to compete in the market on a fair and equal footing and that consumers benefit from a range of choice and the lowest possible prices. As competition law evolves, it will continue to require vigilance to ensure that the interests of firms and consumers remain balanced in an increasingly complex and globalized world.