Research Reports Competition Policy and Law

The CUTS research paper brings to light numerous instances of competition distortions induced by government policies in India with a view to devise a framework that would assess the policies on the touchstone of their impact on competition and take steps to minimise their anti-competitive outcomes. It provides suggestions on how to improve upon distortive policies by introducing reforms in various sectors. It also suggests interventions at various levels for harmonisation of government policies and regulations leading to economic benefits for the society at large. The purpose is to flag issues to the layman as well as to the specialised policymakers and regulators, rather than be judgmental about them.

This report is an assessment of ‘7Up projects’ on competition law and policy issues undertaken in developing countries of Asia and Africa by CUTS over the period 2000-2010 aimed at empowering national stakeholders to stimulate the process of national competition reforms. Altogether 7Up projects have been challenging and exciting competition advocacy projects and the evaluation of their effectiveness undertaken by CUTS is both welcome and courageous. As we start reading this evaluation, that even in countries which have a long tradition in competition law enforcement, the development of competition institutions took a long time and the emergence of a competition culture is painfully slow. Towards this direction, CUTS has also triggered the African Competition Forum.

Pp 96, #1201, ISBN 978-81-8257-161-7
ISBN: 978-0-415-67213-9, 2011 Edition

After several decades of quiescence, global commodity prices almost doubled in 2008 and, after a brief fall, rose again in 2011. Over the longer term, the impact of population growth on demand, and of climate change on supply, makes it likely that commodity prices will continue to be an important issue on the global policy agenda. The purpose of this volume, composed of papers presented at a conference co-organised by CEPR and CUTS in Geneva in September 2011, is to identify and assess the importance of the factors responsible for the recent increases in the levels and volatility of commodity prices

Pp175, ISBN: 978-1-907142-50-5

In order to develop a deeper idea (and a subsequent initiative on competition and consumer protection issues) CUTS undertook a needs assessment mission in seven countries of the Middle East and North Africa (MENA) region (namely Algeria, Egypt, Morocco, Tunisia, Jordan, Lebanon and Syria). The mission was undertaken jointly with the Arab Network for Environment and Development (RAED) which is based in Egypt, but has a network of CSOs in all the above-mentioned countries.A draft report collating the discussions and the information gathered over the course of the mission has been prepared which highlights both challenges and opportunities that exist in terms of promoting competition reforms and protecting the interest of the consumers in the countries. The report would be discussed and disseminated within and outside the region.

The book covers case studies of nine countries of differing sizes and at varying stages of economic development that have at one stage or another repealed extant competition laws for new ones, and seeks to examine the motivations and contexts under which this was done. The countries examined include the Czech Republic, Hungary, India, Ireland, Poland, Serbia, South Africa, Tanzania and the UK. Tracing the evolution of competition regimes in the countries covered, the book provides lessons for countries still in the process of forming their competition regimes. The contributions show that the road to strong competition regimes is seldom smooth, and that social, economic and political factors in the country hugely impact on the pace and effectiveness of competition reforms.

Hard Back Book: Pp 222, £80,
ISBN: 978-0-415-67213-9, 2011 Edition

A number of state governments claim to be providing medicines for free to consumers getting treated in public healthcare institutions. So, why is it that they still have to buy drugs from private sources? CUTS has endeavoured to find answers to this in the project entitled, Collusive Behaviour in Health Delivery in India: Need for Effective Regulation (referred to as COHED project, www.cuts-ccier.org/COHED). This report tries to identify feasible solutions and strategies for addressing concerns emanating from collusive practices in healthcare delivery in two states of Assam and Chhattisgarh and would form the basis for advocacy and ground actions in them. The ultimate goal is to contribute to the process of evolving consumer-friendly healthcare systems in these two and other states of the country.

Pp 78, #1112,
ISBN: 978-81-8257-155-6
2011

The country research reports of a two-year project ‘Strengthening Constituencies for Effective Competition Regimes in Select West African Countries (also referred to as 7Up4 project) that CUTS has implemented in seven countries of West Africa is published in two volumes. The English volume contains the anglophone country reports (Ghana, Nigeria and The Gambia) and the French contains the francophone country reports (Burkina Faso, Mali, Senegal and Togo).The reports are a unique source of information about the state of competition in each country and the comparative inter-country analysis leads to very useful observations. These observations relate to the sequencing of policies in the process of economic liberalisation, the institutional design of competition law systems at the national and regional levels, and the prerequisites for a successful transition to a market economy, and others.

English version: Pp 217, #1016, ISBN: Rs 900/US$50, ISBN 978-81-8257-140-2
www.cuts-ccier.org/7up4/pdf/A_Time_For_Action_En-7Up4_Report.pdf

French Version: Pp 374, #10107, Rs 900/US$50, ISBN 978-81-8257-143-3
www.cuts-ccier.org/7up4/Fr/pdf/A_Time_For_Action_Fr-7Up4_Report.pdf

Competition is a process of economic rivalry between market players to attract customers. Fair competition benefits consumers and the economy. This paper aims at generating awareness that could be helpful for a common person to identify anti-competitive practices in the market place and seek action to rectify the same. It describes various facets of competition, deals with certain common myths about competition in the market and describes various types of hurdles to competition. The paper also carries several examples of competition action on commonly consumed goods and services in the form of real cases from across the world.

Pp 56, #1010, Rs 200/US$25,
ISBN : 81-8257-135-8

This research volume has been published under the ‘Competition, Regulation and Development Research Forum’ (CDRF) project. A wide range of issues have been captured in the research volume – for instance, the political economy underlying the implementation and enforcement of competition and regulatory laws and regimes, barriers posed by vested interests to the free and fair functioning of competition and regulatory regimes and the often choppy relationship between competition enforcement agencies and regulators attributable to functional overlap which often delays decisions and is, therefore, detrimental to the welfare of any country.

This book can be purchased at:
http://www.academicfoundation.com/n_detail/ptrumph.asp
Hard Back Book: Pp 468, Rs 1195/US$69.95,
ISBN 13: 978-81-7188-725-5, 2009 Edition

This volume, second in the series, published under the ‘Competition, Regulation and Development Research Forum’ (CDRF) project is compilation of nine papers which were presented at the symposium marking the culmination of the research efforts of the 1st research cycle of CDRF. The research papers covered the experiences of a wide range of developing countries as seen mainly through the eyes of developing country authors. Importantly, rigorous analytical techniques were used to draw generalisable policy implications, which were later on also communicated to a vast and heterogeneous audience of stakeholders in a simplified form through policy briefs and online forums.
#0903

This volume, second in the series published under the project, “India Competition and Regulation Report – ICRR project”, explores issues relating to sector regulation pertaining to power, ports, higher education, agricultural markets and civil aviation besides dealing with the issue of ‘quality of regulation’. The report goes much beyond depicting the state of the world in the select sectors and tries to pinpoint the institutional and other root causes of sector regulation. The report is an important contribution towards enriching the available literature in the public domain and encourages a dialogue to promote a healthy and competitive environment as evolving an appropriate regulatory culture is always a learning curve
Pp 192, #0902, Rs 395/US$50, ISBN: 978-81-8257-130-3

Cartels are difficult to unearth. More often than not, cartels do not have formal or written agreements. Essentially, they operate on oral understandings. Consequently, proving a cartel or cartelisation is beset with practical difficulties and in particular, absence of evidence. Despite this factual handicap, the MRTP Commission did try some cartel cases, and indeed proved successful in establishing some of these. Nevertheless, the experience of MRTPC cannot be considered to be satisfactory in this regard. It would, therefore, be worthwhile to study cartel cases tried in some other jurisdictions to draw learnings for the new competition authority so that it is better equipped to deal with cartel cases

This Report published under the 7Up3 project charts out the competition scenario in seven countries in Eastern and Southern Africa, viz. Botswana, Ethiopia, Malawi, Mauritius, Mozambique, Namibia, and Uganda, and highlights the weaknesses that require to be addressed for operationalising competition regimes in them. It strongly recommends national governments to prioritise competition administration in the framework of their national development strategies to promote economic development as a means to reducing poverty and inequality.

Pp 239, #0704, Rs 500/US$50
ISBN: 978-81-8257-082-5

The research volume has been published under project, “India Competition and Regulation Report – ICRR project”. The report takes stock of the progress on the competition scenario in India and offers an insight on where we are and where we need to go. As part of the report, detailed sectoral studies of telecommunications, electricity and two social sectors, such as education and health, helps to illustrate the need for flexibility not just in analysis and also in implementation. One of the unique features of the report is an assessment of perception in the country though an competition perception index. The basic aim of the report is to encourage debate and dialogue on the economics of competition and regulation policy in India.

Pp 252, #0715, Rs 285/US$25, ISBN: 978-81-8257-091-7

This research volume is the second in our 7Up series, the first being: Pulling Up Our Socks, which focused on what is needed to buttress the existing competition regimes to make them more effective. The present volume is a compendium of the synthesis report and six country chapters prepared within the framework of our 7Up2 project. However, the current project was more challenging, as five of the six countries did not have a competition law, with India being need to promote fairplay in the marketplace. Fairplay Please! This motto hopefully will ring the bells in a manner forceful enough, to call for goodwill and cooperation, warn wrongdoers, and move the champions, the opinion leaders among the society, so that laws are adopted, and mechanisms set to work towards effective market for growth and development with equity around the world.

Pp 216, #0610, Rs 900/US$50
ISBN 81-8257-076-X

Edited by Pradeep S Mehta, this report comprises of 22 chapters, which highlight various systematic and sectoral issues dealing in competition in the country. The report is being published in two separate volumes. This overview version presents a brief account of competition regime in the country for busy readers. The detailed report, with a comprehensive treatment of the relevant issues/ areas pertaining to the competition scenario in India is set to be published soon.

pp 248, Rs 495/US$32.95,
ISBN: 817188449-0

This is the project report under the competition policy project (7-Up), of CUTS. The report compares the institutional framework in the project countries and analyses important issues like legal provisions, autonomy of the institutions, financial and human resources, etc.

Pp 68, #0303, INR Rs.250/US$15,
ISBN: 81-87222-74-3

This report provides analyses of the proposals on investment and competition agreements at the WTO, especially in the areas taken up and/or proposed at the Doha round for possible future negotiations.

Pp 112, #0312, Rs.300 for India/US$25 for OECD Countries/US$15 for other,
ISBN 81-87222-84-0

This is the India country report under the competition policy project (7-Up), of CUTS. The Report reviews the existing Competition Law & the Monopolies and Restrictive Trade Practices Act (MRTP) focusing on implementation issues. This report is expected to improve awareness of this critical area of policy reform among various stakeholders.

pp 47, #0212, INR Rs.100/US$10,
ISBN: 81-87222-61-1

This is the Zambia country report under the competition policy project (7-Up), of CUTS. The paper examines the adequacy of the Competition and Fair Trading Act of 1995 as applied in Zambia. An attempt has been made to relate competition law to economic development, more specifically to market liberalisation policies, consumer protection, and other sector-specific regulations.

pp 54, #0211, Zambian Kwacha (ZK) 5000/INR Rs.100/US$10
ISBN: 81-87222-67-0

The Pakistan country report under the competition policy project (7-Up), of CUTS, introduces the existing competition legislation and competition policy issues in Pakistan and gives recommendations on how to improve the legislation and enhance the capacity of the competition authority.

pp 41, #0210, Pakistani Rupees (PKR) Rs. 100/INR Rs.100/US$10
ISBN: 81-87222-63-8

This is the South Africa country report under the competition policy project (7-Up), of CUTS. The report assesses the competition framework in South Africa, with a view to its effectiveness in promoting economic efficiency and consumer welfare.

pp 45, #0209, Rands (RN) 10/ INR Rs.100/US$10
ISBN: 81-87222-64-6

This is the Kenya country report under competition policy project (7-Up), of CUTS. This report examines the scope and context of competition policy and law in Kenya, an assessment of Kenya’s competition law and need for the capacity building on the subject.

Pp 54, #0208, Kenyan Shilling (KSH) 100/ INR Rs.100/US$10
ISBN: 81-87222-62-X

This is the Tanzania country report under competition policy project (7-Up), of CUTS. The report makes a critical assessment and review of the competition regime in Tanzania based on the Fair Trade Practices Act of 1994 and subsequently created institutions.

pp 49, #0207, Tanzanian Shilling (TSH) 1000SH/ INR Rs.100/US$10
ISBN: 81-87222-66-2

This is the Sri Lanka country report under the competition policy project (7-Up), of CUTS. The report highlights whether the Sri Lankan economy is sufficiently mature to sustain an effective competition policy regime and to reap the benefits that such a policy has to offer.

pp 51, #0206, Lankan Rupee (LKR) Rs. 150/Indian Rupees (INR) Rs.100/ US$10,
ISBN: 81-87222-65-4

This study provides the information about the views of different countries on various issues being discussed at the working group on competition. It also discusses views of competition experts at the WTO, on the possible direction these discussions might take in the near future.

pp 150, #9913, Rs.100/US$30,
ISBN: 81-87222-33-6

This report analyses the reason behind the failure of UNCTC, with evidence submitted at the Permanent Peoples’ Tribunal, London, November 1994. A statement with supporting enclosures that include several original documents is presented in this report.
pp 121, #9401, Rs. 30/US$15