Evolving Effective Cooperation Between Competition Authority and Sector Regulators

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. .