regulators push for reforms to ensure greater compliance
January 13, 2017
India ’s competition
regulators are pushing for reforms to existing competition
practice to ensure greater compliance and strengthen provisions
with respect to cartelisation and advocacy in the Competition Act.
“Changes are required. One is regarding collective dominance,
because we are finding that cartels are extremely difficult to
catch and punish,” Competition Commission of India (CCI) member
Augustine Peter said at an event on Thursday.
“Many cases of collective dominance issues come and we don’t have
the (required) provisions. This was proposed and the parliamentary
committee also recommended but unfortunately, then the government
Rajeev Kher, member of the Competition Appellate Tribunal (COMPAT),
echoed similar views as he spoke of the need to popularise
competition discourse and awareness.
“We have constrained ourselves into a case-by-case approach to
deal with sectoral competition issues,” he said, criticising the
approach to dealing with competition-related or antitrust cases at
the CCI or COMPAT stages. “We don’t follow a system whereby (the
regulator’s) enforcement covers an entire sector.”
Kher stressed the need for the idea of competition to “percolate
into business practices” to ensure higher compliance. The rules
also need to keep in pace with developments in technology, he
DK Sikri, chairperson of the CCI, highlighted similar issues at an
earlier event, where he said: “One of the common challenges before
all the competition authorities emerges from the digital markets
as well as the disruptive technologies.”
The event, organised by non-profit CUTS International, was also
attended by Frederic Jenny, chairman of the OECD Competition
Committee, and Allan Fels, ex-chairman of the Australian
Competition and Consumer Commission.
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