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.
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)
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. .
Outcome and Outputs
- Legislative and administrative reforms to enhance inter-agency cooperation and effectiveness in promoting and preserving the competition process.
- A congenial environment (and appropriate arrangements) for interaction between the competition agency and sector regulators.
- Synthesis Research Report
- Country Papers
- Policy Brief with recommendations and guidelines for the Government.
- Mr. Pedro Callol Garcia Partner,Corporate / EU & Competition Law ROCA JUNYENT
- Mr. Joseph Seon Hur Lawyer, Yoon and Yang LLC
- Inok Sun Lawyer,Yoon and Yang LLC and Former Vice Chair, Korea Fair Trade Commission
- Paul Lee Partner, Yoon and Yang LLC
- Ms. Kastoori Moodaliyar Senior Lecturer in Competition Law,University of Witwatersrand, Oliver Shreiner School of Law
- Mr. Eduardo Machado Regulatory Expert on Brazil
- Interaction between the National Competition Authority and National Regulatory Authorities. Conflicts and Solutions (Spain)
- Overlapping Regulations by Sector-Specific Regulators and the Competition Authority in South Korean Telecommunications and Financial Industries
Partners and Contacts
Mr. Pedro Callol Garcia Partner,
Corporate / EU & Competition Law
Mr. Joseph Seon Hur Lawyer,
Yoon and Yang LLC
Inok Sun Lawyer,
Yoon and Yang LLC and Former Vice Chair, Korea Fair Trade Commission
Paul Lee Partner,
Yoon and Yang LLC
Ms. Kastoori Moodaliyar
Senior Lecturer in Competition Law,
University of Witwatersrand, Oliver Shreiner School of Law
Mr. Eduardo Machado
Regulatory Expert on Brazil