The extent to which a country succeeds in enforcing its competition legislation is dependent as much on the interaction between the adopted competition system and the pre-existing legal system of the country as it is on the performance of the competition authority established by the adopted legislation. This chapter examines the extent and nature of interactions between the adopted competition enforcement systems and pre-existing legal systems in India and Pakistan by evaluating the petitions filed from orders of the CCI and CCP before the general courts in their countries. The chapter demonstrates that the nature and quality of these interactions has a discernible impact on competition enforcement in these countries. It argues that the interactions between the Indian and Pakistani competition legislations and the pre-existing legal systems in India and Pakistan are largely shaped in part by the strategies, mechanisms, and institutions through which the countries had initially adopted their respective competition legislation and the compatibility and legitimacy generated in the process. It further argues that the nature of these interactions determines the extent of competition enforcement in the country and the pace at which the adopted legislation integrates with the country’s pre-existing legal system.

Sanctions are not only central to competition law enforcement for their punitive and deterrent value but are also important indicators of the successful performance of competition law authorities. The Indian and Pakistani competition legislations empower the CCI and CCP to impose both monetary and behavioural sanctions as appropriate, and in the years they have been operational, both authorities have utilised the full range of these powers, albeit with varying success. This chapter examines the penal strategies of the CCI and the CCP as manifested in the sanctions and penalties that they have imposed over time, and argues that these strategies as well as the extent to which the CCI and CCP have succeeded in recovering the penalties are directly impacted by the compatibility and legitimacy generated in the adoption process, and indirectly impacted by the establishment of success of these countries in adopting the competition enforcement infrastructure envisaged in the adopted legislations.

An analysis of the orders of the CCI and the CCP suggest that each national competition authority has its own distinct interpretive strategy which reflects the extent of compatibility and legitimacy generated for the competition legislation in the adoption stage. This chapter examines and compares the CCI and CCP’s interpretation of provisions for horizontal and vertical anti-competitive agreements to extrapolate some understanding of their overall interpretive strategies. The chapter demonstrates that despite the comparable antecedents of the relevant provisions of the Indian and Pakistani Acts, the CCP relied more heavily on foreign precedents in interpreting these provisions than the CCI. The chapter further demonstrates that the disparate interpretive strategies of the CCI and CCP may be explained by the disparity in the compatibility and legitimacy of the acts and to the CCP’s need to leverage foreign precedents to assert its international legitimacy, which in turn helped it to enhance its domestic legitimacy. The chapter finally argues that in addition to reflecting the compatibility and legitimacy generated at the adoption stage, the interpretative strategies adopted by the CCI and the CCP also shape the competition and legitimacy of the acts and chart their implementation trajectory.

After formally adopting their competition laws, India and Pakistan were faced with the task of implementing them. However, although both countries established their national competition authorities, the CCI and the CCP, almost immediately after adopting their respective legislations, the enforcement of these legislations has not been without complications. This chapter compares the structures, mandates, and compositions of these authorities and their decision-making strategies, and provides a comparative overview of implementation of competition laws in the two countries by reference indicators derived from the orders issued by the CCI and CCP in respect of anti-competitive agreements and abuse of dominance. The chapter also links the performance of the CCI and CCP and their interactions with their countries’ pre-existing legal systems to the mechanisms and institutions employed by the countries in the adoption stage and the compatibility and legitimacy generated through them.

Chapter 3 shows how the loss of China to communism hugely increased the complexity of operating effective media censorship. The colonial government could no longer rely solely on pre-emptive daily vetting to contain undesirable content and comments. During the second half of the twentieth century, political censorship of the media and education sector was facilitated and supplemented by large-scale surveillance operations carried out through a collaborative network of local departments informed by global intelligence collected through London and British embassies around the world. Intelligence collected by this network allowed the colonial government to nip trouble in the bud, and resulted in a number of ‘troublemakers’ (including journalists, editors, publishers, teachers, students and principals) being arrested, detained and even deported without trial without any due regard to whether such actions were lawful. This chapter provides a comprehensive account of such surveillance and censorship operations targeting the media and education sector from the late 1940s to the late 1950s against the backdrop of rising Cold War tensions and the new Communist China’s relations with the world.

As the conclusion of this book, I highlight the CYP as a strong historical reference for those wishing to understand the historical evolution of the ideological perceptions and practices of the radical right in the twentieth century. First, I look at the Chinese political right in the early twentieth-century world, ideologically formed in the wake of the Great War. I also discuss the political right in twentieth-century China through a comparison with the short-lived Blue Shirts of the GMD in the 1930s and the right-turning CCP of Contemporary China. Finally, I highlight the CYP’s political fate in the post-1949 years with a brief reflection on the present day as final remarks of this book.

In what ways was China’s literary modernism central to its Marxism? Despite Chinese revolutionary culture’s many twists and turns from class struggle to economic reconstruction, Marxist intellectuals in China have consistently identified Lu Xun (1881–1936), a modernist writer who never joined the CCP and dismissed its revolutionary literature as an “unfortunate confusion of guns with words,” as having drawn the blueprint of the country’s communist future. Instead of reexamining the writer’s political alignment with CCP leaders or the extent and accuracy of his knowledge of Marx, this chapter takes up the perplexing question of Lu Xun’s Marxism by recasting his modernist experimentations with irony, rhetorical displacement, and metafictional excess as the construction of a materialist aesthetics centered on disposable populations that appear, at first, either independent of capital–labor relations or anterior to primitive accumulation in the beginning years of China’s traumatic incorporation into the world capitalist system.

The Introduction introduces the primary questions of the book: what are the implications of the spread of consumerism in the Mao era, 1949–76? The argument is simple: consumerism is a correlate of capitalism. Both depended on each other to expand. The implication: the spread of both define the political economy of the PRC not as “socialist,” as is commonly assumed, but rather as capitalism. As the book demonstrates, the Mao era was a specific variety of capitalism called “state capitalist” because the state attempted to channel and suppress consumerism and consumption generally to facilitate rapid industrialization. The chapter justifies labeling these state attempts to control consumerism with a coined term, state consumerism. The rest of the Introduction explains the specific use of these three key terms: consumerism, capitalism, and socialism. Finally, the chapter suggests how the rest of the book attempts to demonstrate why this reinterpretation of “Communist China” as developing a form of capitalism helps readers understand the history of the era and new and better ways.