DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY
CORPORATE LAW JURISDCITION OF CCI SYNOPSIS
SUBMITTED BY:
UNDER THE GUIDANCE OF:
RISHI SEHGAL
Ms. PRIYA ANURAGINI
ENROLMENT NUMBER: 150101112
ASSISTANT PROFESSOR (LAW)
SECTION: ‘B’
DR. RAM MANOHAR LOHIYA
B.A. LLB (Hons.), SEMESTER VI
NATIONAL LAW UNIVERSITY
SIGNATURE OF STUDENT
SIGNATURE OF PROFESSOR
AIM/ OBJECTIVES
India's Liberalisation and Privatisation witnessed creation of sector-specific regulators to cater to the needs of the sectors with its domain expertise and technical regulations, by providing a level playing field and ensuring competition in the market. With the coming into force of the Competition Act, 2002 ("Act") (replacing the erstwhile Monopolies and Restrictive Trade Practices Act, 1956), which established the Competition Commission of India ("CCI"), the principal competition enforcement agency in India, a power tussle was created between the CCI and the other sector-specific regulators. Whilst the sector-specific regulators and competition authorities share a similar set of objectives, i.e. to ensure competition in the market, they are entrusted with different functions, perspectives and areas of supervision. The interface between competition law and sector-specific regulations has been a source of endless debate and controversy. Lack of legislative clarity, precedence over time, sectorspecific expertise, are some of the factors that have led to uncertainties, ambiguities in the application of law, forum-shopping, and differing remedies for the same cause of action. Further, arguments of lack of jurisdiction of CCI, due to perceived overlaps of jurisdiction with sector regulators, such as PNGRB, CERC, Copyright Board, Controller of Patents have been raised in past by parties to suit their requirement before CCI and CCI has also either avoided interfering in some cases or has proceeded with the inquiry only after the jurisdictional issue has been resolved by the higher Courts. Accordingly, there is a need for the CCI and sectorspecific regulators to co-operate with each other, to bridge the gaps and establish a framework for them to operate mutually. RESEARCH QUESTIONS
1. What is the conflict regarding the jurisdiction of CCI? 2. Does the Act provide any guidance with regard to CCI’s jurisdiction? 3. What are the different cases in which the jurisdiction iss ue of CCI has been brought up? 4. What has been the observation of courts with regard to this issue? RESEARCH METHODOLOGY
The methodology to be used for the completion of the project is literary in nature; various books and articles will be consulted for understanding the topic.
REFERENCES
1. Sushruti Tripathi, Interface between the jurisdiction of the Competition Commission of India and the Telecom Regulatory Authority of India, Society of international trade and competition law N.U.J.S. 2. M.M. Sharma, C.C.I. v. T.R.A.I. Turf war begins: Can and should C.C.I. monopolize knowledge on Competition Law, ANTITRUST AND COMPETITION LAW BLOG, http://competitionlawyer.in/cci-vs-trai-turf-war-begins-can-and-should-ccimonopolize-knowledge-on-competition-law/. 3. http://www.legaleraonline.com/articles/cci-and-sector-specific-regulators.
