1. Competition Concerns in Concession Agreements in Infrastructure Sectors
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| June 2009, Clarus Law associates, New Delhi |
| The study was commissioned to Clarus Law associates, New Delhi with an overall objective to conduct research in accordance with the proposal viz. Concession Agreements in certain key sectors like transportation and energy including analysis of key issues in relation to granting of Concession Agreements, Competition Concerns, experience of competition concerns that have arisen in other jurisdictions and role of the Competition Commission of India. The study suggests that CCI should commence a dialogue with the Planning Commission and each of the sector regulators as well as the various ministries of the Government of India and the State Governments that are actively granting concession agreements. The dialogue should focus on highlighting the competition concerns during the life cycle of the concession agreement and how to ensure that they are taken into account while structuring, granting and implementing the concession agreement, so as to mitigate any potential challenges against them. (Click here for the full report) |
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2. Public Enterprises, Government Policy and Impact on Competition: Indian Petroleum Industry
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| January 2009, Indicus Analytics Pvt Ltd. |
| The study on “Public Enterprises, Government Policy and Impact on Competition: Indian Petroleum Industry” was commissioned to Indicus Analytics Pvt Ltd. with an overall objective to examine the nature and state of competition in Petroleum Refining. The study indicates that domestic market is close to a monopoly. The study suggests that the most expeditious way of introducing competition is freeing imports. There cannot be competition in exploration and production if refining and distribution are concentrated; and there cannot be competition in refining unless crude is freely importable. Hence the first condition for a more competitive market is absence of restrictions on foreign trade. (Click here for the full report) |
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3. Public Enterprises, Government Policy and Impact on Competition: Indian Steel Industry
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| January 2009, Indicus Analytics Pvt Ltd. |
The study on “Public Enterprises, Government Policy and Impact on Competition: Indian Steel Industry” was commissioned to Indicus Analytics Pvt Ltd. The overall objective of the study was to examine the nature and state of competition in the Indian steel industry. The study suggests removal of export/import curbs which are clearly a pro-competitive measure. The study also suggests that the overseer of the steel sector should be the Competition Commission of India as the issues of concerns fall in their domain. Any suggestion of setting up an independent steel regulator goes against the standard philosophy of regulation. (Click here for the full report)
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4. Intellectual Property Laws and Competition Law Policy
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| January 2009, IIT, Kharagpur |
The study was commissioned to IIT-Kharagpur. The objective of the study was to enquire into the development of jurisprudence in India in the field of creation of intellectual property rights and competition law in general, and the impact of product patent law on India’s competition policy and law, in particular. Research under this study was confined to the pharmaceutical and chemical industries in India. The study shows that there is likely to be a trend to restrict production by exclusive license since the number of exclusive licenses granted by the patent holders has increased in the course of last two years. This also has an adverse impact on the price and ‘affordability’. It is suggested that a comprehensive policy on ‘compulsory license’ may be framed taking in view the gross abuse of dominant position by the ‘patent holder’ and ‘the licensee’.
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5. Antidumping and Competition Law
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December 2008, Economic Law Practice (ELP), New Delhi
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The study on “Antidumping and Competition Law” was commissioned to Economic Law Practice (ELP), New Delhi. The primary objective of the study is to determine the conflicts and complementarities that may exist between antidumping and competition law and also to explore the possible means to resolve the conflicts and re-enforce the complementarities, if any.The study suggests that antidumping law is used as a tool to protect inefficient domestic industry. It may adversely affect competition in India and therefore there is a need to reassess the effectiveness of antidumping law.(Click here for the full report)
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6. Competition Issues in the Air Transport Sector in India
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| November 2008, Administrative Staff College of India, Hyderabad |
The study on “Competition Issues in the Air Transport Sector in India” was commissioned to Administrative Staff College of India, Hyderabad. The overall objective of the study was to look at the issue of competition at two levels – air transport and airports. The other objectives of the study were to provide a market overview, discuss any significant anti-competitive practices by various players and their effects, address implications of this study for Competition Policy and Law in India, and outline issues for advocacy for India’s Competition Commission. The study pointed out that there is some evidence of price parallelism. This may not be termed as price collusion. However, CCI may monitor the pricing of the dominant airlines in particular. In general, inter airport competition is limited all over the world, because of various reasons, partly because relatively few cities are served by two or more airports and also because there are economies of scale in the provision of airports. Airports around the world are subject to significant regulation and also to State ownership. Creation of new airports, expansion of airports and ensuring inter airport competition are important in preserving and promoting a competitive environment in the air transport sector. (Click here for the full report)
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7. Study of Cartel Case Laws in Select Jurisdictions– Learnings for the Competition Commission of India.
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| April 2008, CUTS International, Jaipur and National Lay University, Jodhpur |
The study on “The Teeter-Totter of Regulation and Competition: Why Indian Competition Authority Must Trump Sectoral Regulators” was commissioned to National Law School of India University (NLSIU), Bangalore. The overall objective of the study was to analyze the relationship between sector specific regulators and competition authority in India. The study suggests that as per the present legislative framework, sectoral regulators and competition authority may co-exist, competition authority ought to trump sector specific regulators since, unlike Competition Authority, sectoral regulators lack any mechanism (e.g. private enforcement and damages) to ensure consumer welfare. (Click here for the full report)
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8. The Teeter-Totter of Regulation and Competition: Why Indian Competition Authority Must Trump Sectoral Regulators
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| December 2007, National Law School of India University (NLSIU), Bangalore |
The study on “The Teeter-Totter of Regulation and Competition: Why Indian Competition Authority Must Trump Sectoral Regulators” was commissioned to National Law School of India University (NLSIU), Bangalore. The overall objective of the study was to analyze the relationship between sector specific regulators and competition authority in India. The study suggests that as per the present legislative framework, sectoral regulators and competition authority may co-exist, competition authority ought to trump sector specific regulators since, unlike Competition Authority, sectoral regulators lack any mechanism (e.g. private enforcement and damages) to ensure consumer welfare. (Click here for the full report)
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9. Competition Policy in Telecommunications in India
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| December 2007, Indian Institute of Management, Bangalore |
The study on “Competition Policy in Telecommunications in India” was commissioned to Indian Institute of Management, Bangalore. The overall objective of the study was to assess the competition policy in telecommunications in India. The study shows that there is increasing competition in telecommunications in India. The degree of competition varies across segments, typically being low in fixed services as compared to mobile telephone. Study also recommend that the competition authority should aim its competition advocacy efforts towards inculcating a competition culture among the various stakeholders in the telecommunications sector including DOT and the ministry of communications and information technology and in the society in general. (Click here for the full report)
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10. Clauses in Bilateral Trade Treaties: Analysing the Issues in the Context of India’s Future Negotiating Strategy
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| November 2007, ICRIER |
The study was commissioned to ICRIER on “Competition Clauses in Bilateral Trade Treaties: Analysing the Issues in the Context of India’s Future Negotiating Strategy”. The overall objective of the study was to assess the benefits of incorporating competition clauses in bilateral/regional/multilateral trade agreements with focus on the impact of having competition law cooperation on trade on major sectors of the Indian economy and the experience of countries party to such trade agreements with competition provisions. Report Suggests Guidelines in inclusion of Competition Clauses in RTAs. (Click here for the full report)
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