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Jurisdictional conflict of CCI with sector-specific regulator

Author: Priya Pandey, Student, Department of Laws, Panjab University, Chandigarh, India

ABSTRACT The Competition Commission of India (hereinafter “CCI”) is a statutory body of the Government of India which was established in October 2003 for the enforcement of the Competition Act, 2002 (hereinafter “Act”). Among all other duties, there are three main duties of the CCI which are mentioned in Section 18 of the Act. The CCI was established to eliminate those kinds of practices that have an adverse effect on competition; to encourage and sustain competition, and to protect the interests of the consumers, etc., and for achieving the aforesaid duties, additionally, the Commission has jurisdiction to Enquire and investigate into Anti-Competitive Agreements (given in Section 3 of the Act); Enquire into the abuse of dominant position (mentioned in Section 4 of the Act); to regulate combinations (given in Sections 5 & 6 of the Act), and to Undertake Competition Advocacy, create awareness in general, impart training on competition issues, (mentioned in Section 49 of the Act). This paper examines the Jurisdictional Conflict of CCI with other Institutions (sector-specific regulator). In Section I, this paper starts with the introduction of the paper and analyses the ambit of the Jurisdiction of CCI. Moving ahead, this paper in section II examines the Jurisdiction of the CCI mentioned in the Act and otherwise. Further, this paper in section III discusses the theme of the paper i.e., Clash of Jurisdiction of CCI with other institutions, and also analyses the ‘stand of the judiciary’ on same. Finally, this paper, in Section IV closes with the conclusion and the major points covered herein and leaves the reader with a sound takeaway message derived from the work of the author.

Keywords: Competition Commission of India, Electricity Act, Patents Act, Telecom Disputes Settlement & Appellate Tribunal, Telecom Regulatory Authority of India.

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