Post-Globalisation Development Of Competition Law: Challenges & Opportunities
Authors: - Shashwat Tiwari , - Taru Mishra 
Published: May 2024

Competition law is an essential aspect of modern regulatory frameworks that aim to promote fair competition, prevent monopolistic practices, and safeguard consumer interests within markets. Globalisation has brought forth new challenges and opportunities in the post-globalisation era, necessitating a recalibration of competition enforcement mechanisms to address transnational anti-competitive practices. The liberalisation of trade and investment regimes under globalisation has also raised concerns about cross-border conspiracy and abuse of dominance. In response, competition authorities have adopted more collaborative approaches to enforcement and grappled with intricate jurisdictional issues. The rise of digitalisation and e-commerce, integral components of globalisation, has presented new competition challenges, such as platform monopolies and data-driven market manipulation. Regions have reassessed traditional competition paradigms to safeguard consumer welfare and promote innovation in the digital age.

Moreover, globalisation has fostered a convergence of competition norms and principles, exemplified by the proliferation of international competition networks and the harmonisation of competition laws across jurisdictions. This underscores the imperative for greater cooperation and coordination among competition authorities to address cross-border competition concerns effectively. The evolution of competition law in the post-globalisation era embodies a compelling narrative of adaptation and recalibration in response to the transformative forces unleashed by globalisation. This evolution unfolds against the backdrop of a burgeoning recognition of the interconnectedness of markets and the imperative for harmonised regulatory responses to address cross-border competition challenges effectively.

However, several challenges persist in the post-globalisation landscape, including navigating jurisdictional conflicts, addressing enforcement gaps in digital markets, combating transnational anti-competition
ve practices, and balancing competition objectives with broader policy goals. These challenges require nuanced and innovative regulatory solutions that prioritise consumer welfare and promote fair competition. Despite the challenges, the post-globalisation era offers significant opportunities for competition law frameworks worldwide. By embracing collaborative approaches, leveraging technological innovation, and fostering international cooperation, we can enhance the effectiveness of competition law frameworks. This will promote competitive markets that foster innovation and safeguard consumer welfare.

In conclusion, competition law regimes worldwide must adapt to post-globalisation reality and adopt policies that promote fair competition and innovation. By prioritising consumer welfare, embracing collaboration, leveraging technology, and fostering international cooperation, we can create a regulatory framework that fosters competitive markets and benefits consumers worldwide.
Abstract
Globalisation has transformed the world economy by promoting the integration of economies and societies worldwide. This has led to the emergence of multinational corporations that wield significant market power across borders, necessitating a recalibration of competition enforcement mechanisms to address transnational anti-competitive practices.

The liberalisation of trade and investment regimes under globalisation has also raised concerns about cross-border collusion and abuse of dominance. Competition authorities have responded by adopting more collaborative approaches to enforcement and grappling with intricate jurisdictional issues. The rise of digitalisation and e-commerce, integral components of globalisation, has presented new competition challenges, such as platform monopolies and data-driven market manipulation. This has prompted regulators to reassess traditional competition paradigms to safeguard consumer welfare and promote innovation in the digital age. Furthermore, globalisation has fostered a convergence of competition norms and principles, exemplified by the proliferation of international competition networks and the harmonisation of competition laws across jurisdictions. This underscores the imperative for greater cooperation and coordination among competition authorities to address cross-border competition concerns effectively.

The evolution of competition law in the post-globalisation era embodies a compelling narrative of adaptation and recalibration in response to the transformative forces unleashed by globalisation. This evolution unfolds against the backdrop of a burgeoning recognition of the interconnectedness of markets and the imperative for harmonised regulatory responses to address cross-border competition challenges effectively. The post-globalisation landscape presents many challenges and opportunities for competition law regimes worldwide. Challenges include navigating jurisdictional conflicts, addressing enforcement gaps in digital markets, combating transnational anti-competitive practices, and balancing competition objectives with broader policy goals. However, amidst these challenges lie significant opportunities. By embracing collaborative approaches, leveraging technological innovation, and fostering international cooperation, we can enhance the effectiveness of competition law frameworks. This will promote competitive markets that foster innovation and safeguard consumer welfare.