Harmonic Interplay Of Market Forces: An Artful Expedition Into The Multifaceted Realms Of Competition Jurisprudence
Suhani Rastogi & Raima Dutt, OP Jindal Global University (JGLS)
ABSTRACT
This paper delves into the intricate dimensions of competition jurisprudence in India, with a specific focus on the complex intersections between the Competition Commission of India (CCI) and sector-specific regulators. It commences by introducing the foundational principles of competition law, tracing its legislative evolution and elucidating the pivotal role of the CCI. The analysis extends to recent legislative proposals with a critical assessment of its potential impact on deal value thresholds. Examining the interplay between Intellectual Property Rights (IPR) and competition law through case studies, the paper underscores the nuanced equilibrium required to prevent the abuse of dominant positions. A substantial portion of the paper is dedicated to the Green Channel Route, an automated approval mechanism for mergers, where the benefits and limitations of this approach are thoroughly assessed. Furthermore, the paper explores emerging concerns related to Environmental, Social, and Governance (ESG) collaborations, advocating for explicit guidelines and legislative support. The paper also explores the crucial role of Micro, Small, and Medium Enterprises (MSMEs) in the Indian economy, emphasizing their vulnerability to potential market abuses. It proposes advocacy programs, exemptions, and thresholds as measures to strike a balance between safeguarding MSMEs and preventing antitrust violations. Addressing jurisdictional challenges between the CCI and sectoral regulators, the paper draws insights from global models, particularly the UK's concurrency framework. It suggests the implementation of a mandatory consultation framework to enhance coordination, aligning with the Supreme Court's approach of fostering harmony among regulators. In conclusion, the paper underscores the significance of coordination and collaboration among regulatory bodies, advocating for transparent communication channels, cooperation mechanisms, and well-defined exceptions. Recognizing the evolving competition landscape in India, it emphasizes the need for a balanced and collaborative framework to achieve overarching objectives, including the promotion of fair competition,
innovation, and economic well-being.
Kommentare