Competition-related matters do not depend only on realities,
but also on legalities. According to the Industry and Commerce Law, the
Ministry of Industry, Trade, and Supply is responsible for overseeing
competition in the Jordanian market. Some have argued, understandably, that
having a designated commission to handle the implementation of the Competition
Law would maintain public confidence and would result in effective enforcement
of the law.
اضافة اعلان
However, it is still arguable whether such a commission
would add value to the mechanics of implementing the law or not. It could
instead merely consist of a new governmental agency added to the scores of existing
ones, leading to more administrative sluggishness.
Today, whether we like it or not, the Competition Law is a reality, and its implementation is handled by the Ministry of Industry, Trade, and Supply. We simply have to live with this reality and all its advantages and disadvantages.
Today, whether we like it or not, the Competition Law is a
reality, and its implementation is handled by the Ministry of Industry, Trade,
and Supply. We simply have to live with this reality and all its advantages and
disadvantages. Thus, let us take a look at both parts of the glass: the
half-full part and the half-empty part.
Pros and cons of the current realityThe mere fact that the Competition Law exists is an
advantage in and of itself. Not having an independent authority to manage it is
a disadvantage. The fact that the Trade Ministry implements the law is another
disadvantage; but at least enhancing the technical capacity and knowledge of
ministry staff on competition matters could provide benefits. Likewise, the
political influence in competition cases is another disadvantage.
The mere fact that the Competition Law exists is an advantage in and of itself. Not having an independent authority to manage it is a disadvantage.
With all this in mind, we still have to remember that the
courts are safeguarding the implementation of the law and due processes in
competition proceedings. The Competition Law has not closed the door to anyone
to refer to the courts in any competition-related matters. On the contrary, the
recent amendments to the Competition Law enable the minister to refer to the
court and obtain temporary measures to cease and desist any behavior that is in
violation of the Competition Law, or even to issue a temporary order to impose
corrective measures.
Again, while looking at the half-full part of the glass,
there is no harm in living with a deformed law, but we can still work on
improving it. We can do so not only by making more amendments to the law, but
also by simply empowering a qualified judiciary system with judges specialized
in dealing with competition cases. This will strengthen enforcement, maintain
public confidence, and, above all, ensure credibility, stability, and
impartiality.
Firas Malhas works as an Attorney at Law and studied the LLM
International Commercial Law program at the University of Birmingham in the UK.
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