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" A COMPARATIVE ANALYSIS OF THE COMPETITION COMMISSIONS OF PAKISTAN AND INDIA A COMPARATIVE ANALYSIS OF THE COMPETITION COMMISSIONS OF PAKISTAN AND INDIA By M. Anum Saleem[1] Legal comparativism is an age-old and oft-used tool of developing and interpreting laws. In this sphere, Common Law countries have a particular advantage due to their shared legal history and the resulting ease with which laws can be compared, adopted or jurisprudence imported. It comes as no surprise, then, that Pakistan and India, owing to their shared legal and political history and similar social contexts, are able to easily replicate laws across their shared border. However, when it comes to the economic sphere, this trend hits a slight obstacle: the two countries have widely dissimilar economic histories. Until 1990, India had been a highly protected economy, highly influenced by Socialism, while Pakistan was majorly a free market economy for most of its history, which has off and on received protection from the government. Basis of Laws The Pakistan Competition Act is based on the Treaty of Rome under the European competition law regime. It covers five areas, namely, abuse of dominant position, anti-competitive agreements, deceptive marketing practices, mergers and acquisitions that substantially lessen competition. This law does not necessarily prohibit mergers and joint ventures with the argument of efficiencies; neither does it discourage organic growth. However, all mergers need to be reported mandatorily and require approval. According to section 11 of the Act, mergers that substantially lessen competition by creating or strengthening a dominant position are prohibited. Although the Commission reserves the right to approve it with or without conditions or require divestures. The…