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14 J. Pol. & L. 96 (2021)
Comparative Study of Competition Law between China and Pakistan with Special Reference to the Use of Evidences Submitted by Companies to Other Legal Proceedings

handle is hein.journals/jpola14 and id is 232 raw text is: Journal of Politics and Law; Vol. 14, No. 2; 2021 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education Comparative Study of Competition Law between China and Pakistan with Special Reference to the Use of Evidences Submitted by Companies to Other Legal Proceedings Nishan-E-Hyder Soomrol & Wang Yuhuil 1 School of Law and Economic, Zhengzhou University, Zhengzhou, China Correspondence: Wang Yuhui, Deputy Dean at School of Law and Economic, Zhengzhou University, Zhengzhou, China. E-mail: 550805852@qq.com Received: December 19, 2020 Accepted: January 22, 2021 Online Published: January 28, 2021 doi:10.5539/jpl.v14n2p96 URL: https://doi.org/10.5539/jpl.v14n2p96 Abstract The present study makes an attempt to make comparison between China and Pakistan with reference to Competition law. The research aims to find out that whether or not the evidences submitted by the companies during the course investigation can substantially be used in any other legal proceeding. As far as the methodology of this study is concerned, qualitative data analysis is used along with comparative legal method for analyzing de lege lata and de lege ferenda situation in scope of the solved topic. The study finds out that competition in Pakistan works same as China's AML since both forbids actions that play their negative role in reducing the competition like market dominance in the market. Therefore, the act encourages agreements that confine and restrict market dominance. Furthermore, methods and policies are stated by the law with reference to review of enquiries, acquisitions, mergers, penalties' imposition, leniency's grant along with other aspects of law enforcement. The evidences submitted by the companies during the course investigation can substantially be used in any other legal proceeding. The study concluded while contending that, however, AML in China and competition Act in Pakistan has provided both countries substantive and sound law, but there is need of strong and effective institutional implement which can provide a base for the evidences submitted by the companies during the course investigation to be substantially used in any other legal proceeding. Compliance is promoted by leniency through competition law along with incentives to prohibited arrangements. Qualitative research methodology has been applied to the following article. Keywords: competition law, Pakistan, market, China, anti-monopoly law (AML), Competition Law Act 2010, legal proceeding 1. Introduction There has more than 60 years of Pak-China friendship, since both countries extend their support to each other through thick and thin. In 1950, Pakistan was considered to be the 1st Muslim and 3rd non-communist country to recognize China between Pakistan and China, the diplomatic relations established in 1951. The friendship between Pakistan and China is known as everlasting and all weather. It is said that the friendship between both countries is higher than mountains and deeper than oceans. The relationship of both counties has emerged as a good model for neighboring countries' peaceful co-existence. Strong bilateral social, cultural and economic relationship has been enjoyed by Pakistan and China (Irshad, 2005). Both have always strived in order to promote stability, peace as well as economic prosperity in the region of south Asia. On 14th August, 1947, Pakistan came into being while China came into being on 1st of October; 1949. In 1950, China was recognized by Pakistan. The political relations of Pakistan and China are deep; however, both countries need to work more on their economic relationships. There is need of strengthening bilateral economic relations between both countries. At one time, Free Trade Agreement was known as a milestone to achieve this agreement was signed in 2007; however, CPEC (China-Pakistan economic corridor) is now regarded to be stepping stone in order to augment both countries' economic relations (GAO, 2003). People's National Congress adopted China's AML (Anti-Monopoly Law) went into effect on August 30, 2007 after debate and drafting's 14 years and on August 1, 2008. For market practices of the country, fundamental regulations are established by the AML and on different monopolistic practices of business, it sets restrictions with the purpose of development of free and open markets and solving main issues of antitrust (Harris, 2004). In global antitrust governance, crucial role is given by the AML which for China is a great leap forward. 96

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