The Contribution of BRICS to the International Competition Policy Regime
In the modern world, competition policy is an important part of global governance. Coordination of efforts between different countries is not an easy task, because the distribution of gains and losses from anticompetitive conducts is uneven across the globe. We identify joint interests of BRICS to influence international competition policy regime and analyse the effects of domestic enforcement on global markets. Among the targets of competition enforcement with large effects on global markets are conducts of international property rights holders. BRICS authorities apply remedies in order to weaken intellectual property rights (IPR) protection, both under merger approval and infringement decisions on unilateral conducts.
Similarity of the rules on merger control in BRICS gives reason to believe that global governance in the form of a supranational advisory body with the right of legislative initiative is possible in this area. On the other hand, a review of existing legislation and the institutional structure of BRICS enforcement indicates that enforcement against anticompetitive conducts is unlikely to become the focus of coordinated action.