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PROJECT SUMMARY
A country’s competition policy
regime comprises mainly of two sets of laws: a competition
law and sector regulatory laws and separate institutional
arrangements to implement them. Expectedly there are
overlaps and thus conflicts between the two as both are
required to promote competition and consumer interest. Many
recent studies undertaken by CUTS, CCI, OECD, UNCTAD and
others have attempted to analyse such conflicts.
One of the main causes of such conflict is legislative
ambiguity and the lack of clarity about the separation of
powers vested in the competition authorities as well as
sector regulatory bodies. Furthermore, in case of an
overlapping jurisdictional conflict, which regulator has the
overriding jurisdiction is also not clear from the relevant
enactments.
In light of what has been mentioned, CUTS has undertaken a
study with support from the Ministry of Corporate Affairs,
Government of India, which would focus (among other things)
on the history behind such conflicts in select jurisdictions
of the world and analyse the factors that led to their
solution. The study will thus draw lessons for India to
adapt and adopt to prevent such conflicts in the future.
Objective
The objective of the study is to
develop a structured, systematic and sustainable process of
interactions/dialogue between the authorities and finally,
develop a framework for conflict resolution (ex-post)
Scope:
The study would focus on an in-depth analysis of the
approaches followed in India and four major countries: South
Korea, Brazil, South Africa and Spain. The key sectors
chosen for detailed analysis are banking and
telecommunications. In addition to this, other utility
sectors have also been studied on the whole. .
Project
Duration
July 2011 - December 2011
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