The Competition Law in South Asia: A Policy of Diffusion and Transfer is the first book of its kind in Pakistan on this subject. It is written by Dr. Amber Darr, an Advocate of the Supreme Court of Pakistan and a Professor of Law in the UK. The book was published by Cambridge University Press in 2023. It is based on the author’s PhD thesis and reflects extensive research covering all SAARC countries, with a particular focus on the two major states of the region, Pakistan and India.
Amber Dar’s Competition Law in South Asia: Policy Diffusion and Transfer is an ambitious and meticulously researched examination of how modern competition laws have evolved across South Asian countries over the past two decades. The book situates competition law not merely as a set of legal rules but as a dynamic policy that travels across borders through processes of diffusion and transfer and interacts with local political, legal, and institutional environments. Dar’s central argument is that while many South Asian states have adopted competition legislation, the success or failure of these laws depends on how they are embedded within indigenous legal and political institutions, not simply on their textual similarity to Western models.
Dar begins by outlining a theoretical framework that blends comparative law, policy diffusion literature, and institutional economics to explain how competition law “transplants” should be studied. She shows that imported legal ideas only become effective when they are understood, applied, and integrated into a country’s own legal system, rather than imposed in isolation. This framing sets the stage for detailed comparative analyses of each country’s journey along the deliberation–adoption–implementation continuum.
At the heart of the book are the in-depth case studies of India and Pakistan—the two South Asian countries that have most actively adopted and attempted to enforce modern competition law. India enacted the Competition Act, 2002, replacing its older Monopolies and Restrictive Trade Practices framework, and established the Competition Commission of India (CCI) to prevent anti-competitive practices, abuse of dominance, and harmful mergers and acquisitions. The CCI has since been involved in notable enforcement actions and has interacted productively with Indian courts, which reinforces the legitimacy of competition enforcement.
Pakistan, in turn, adopted its modern law later—initially through ordinances in 2007 and ultimately via the Competition Act, 2010, under which the Competition Commission of Pakistan (CCP) was formalized. Dar highlights how Pakistan’s law was deeply shaped by external influences and institutional priorities, which created challenges in domestic ownership and long-term enforcement. The book shows that the differences in adoption mechanisms between India and Pakistan—India’s more participatory legislative process versus Pakistan’s ordinance-driven approach—have had enduring effects on the maturity and adaptability of their competition regimes.
Dar also examines Sri Lanka’s early adoption of competition legislation (2003) under the Consumer Affairs Authority Act, which granted regulatory and investigative powers but limited enforcement strength, particularly around mergers and dominance issues. Similarly, Bangladesh enacted its Competition Act, 2012, and established the Bangladesh Competition Commission to curb monopolistic practices, though institutional capacity and operationalization remain ongoing challenges.
In Nepal and the Maldives, modern competition statutes exist, but Dar points out that meaningful enforcement is still weak or nascent, as these countries grapple with resource constraints and a lack of technical expertise. Bhutan has adopted a national competition policy without full legislation, while Afghanistan has drafted a competition law that has not yet been enacted, demonstrating the varied stages of legislative development across the region.
Across all these contexts, Dar emphasizes that policy diffusion does not equal policy convergence: even when laws look similar on paper, their effectiveness depends on political will, institutional independence, judicial engagement, and alignment with domestic economic goals. She dedicates chapters to comparative enforcement patterns, illustrating how pre-existing legal cultures and court systems interact differently with competition law in each jurisdiction, and to strategies for bridging the implementation gap, such as linking competition enforcement to broader economic and developmental objectives.
One of the book’s key strengths is its combination of theoretical depth and empirical richness. Dar does not simply catalog legal texts; she analyzes how competition law functions as a living legal institution shaped by history, politics, and institutional design. This comparative lens allows readers to understand both why some South Asian countries have made greater strides than others and what lessons can be drawn for future reform efforts—not only in South Asia but in other emerging economies seeking to transplant complex legal regimes.
Overall, Competition Law in South Asia is a significant scholarly contribution. Its expansive geographic scope, combined with its analytical rigor, makes it an essential resource for students, academics, legal practitioners, and policymakers. The book underscores that for competition law to transcend its origins and make a substantive impact, it must be more than a legal transplant—it must be a locally rooted legal institution.
While Amber Dar’s book is highly informative and offers a nuanced understanding of competition law in South Asia, it is not without its limitations. One criticism is that the book sometimes overemphasizes policy diffusion at the expense of local economic and social realities. While the theoretical focus on transnational legal influence is valuable, it occasionally underplays how informal market practices, corruption, or socio-political structures affect the actual implementation and outcomes of competition law. For example, the book discusses India’s Competition Commission or Pakistan’s CCP largely in terms of institutional design and international influence, but less so in terms of the day-to-day enforcement challenges caused by entrenched market practices or local lobbying pressures.
Another limitation is the book’s assumption of reader’s familiarity with legal concepts. While it is aimed at scholars and policymakers, students or general readers with minimal prior knowledge of competition law might find some chapters dense or challenging to follow. Dar’s detailed legal analysis is rigorous, but it occasionally sacrifices accessibility for depth.
Additionally, the book could have benefited from more empirical data or statistical analysis on enforcement outcomes. While Dar provides rich case studies and comparative descriptions, quantitative measures of the effectiveness of competition law in each country—such as the number of investigations, penalties imposed, or market outcomes—are limited. Including such data would have strengthened her arguments about the success or limitations of policy diffusion in practice.
Finally, while the book covers a wide range of South Asian countries, some smaller nations such as Bhutan, the Maldives, and Afghanistan receive relatively brief treatment. Their legal frameworks are summarized more than analyzed, which limits the book’s comparative depth for these jurisdictions. This leaves readers with a less complete understanding of the region’s diversity in competition law adoption and enforcement.
Despite these criticisms, the book remains a highly valuable resource for understanding the evolution and challenges of competition law in South Asia, especially from a comparative and policy diffusion perspective. The criticisms mainly highlight areas where additional empirical depth or attention to local contexts could have enhanced the analysis.
