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Towards A Functional Competition Policy For India   

Towards A Functional Competition Policy For India
AN OVERVIEW

Editor : PRADEEP S MEHTA

Published by Academic Foundation
in Association with
Consumer Unity and Trust Society (CUTS International), Jaipur
Hard  Back Book     :   Pages : 248
2005  Edition         :   ISBN - 81-7188-449-0
Price : Rs. 495.00   :   USD $ 32.95
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ABOUT THE BOOK :

Towards a Functional Competition Policy for India comes at a time when the country is poised to implement a new Competition Law, whilst there is a lack of understanding of the nature, and extent of prevalence, of different types of anti-competitive practices. The study helps in getting a better understanding of the competition and economic regulation scenario in India.

Contrary to popular perception, the study does not treat Competition Policy as just adoption and implementation of a competition law, but looks at it as a broader policy framework where competition is encouraged as a market process to generate competitive outcomes. Accordingly, the report comprises 22 chapters, giving comprehensive treatment to competition policy in India, covering both systemic as well as sectoral issues.

The study tracks the evolution of Competition Policy and Law in India; discusses the interface of Competition Policy with Government Policies (at the Federal as well as State level), and Consumer Welfare; and identifies competition and economic regulation issues in agriculture, manufacturing, and services.

Towards a Functional competition Policy for India is the result of the effort put in by top experts in the country. The study will be useful to all those who are interested in economic policies, in general, and competition policy, in particular.

The report itself is being published as two separate volumes. This one is an Overview, which carries all papers in a précis form, so that a busy reader can go through them easily and get a flavour of what the issues are. The second is a more detailed report, carrying all chapters in greater depth, and is meant for the policy community, particularly those involved in research. Both the report will serve as curtain raiser and as a road map for future, more in-depth work.


"...there could not be a more appropriate time for this volume to be published. As a matter of fact I am not aware of any other study that has given such a comprehensive treatment to the issue of competition policy in India. It is a path breaking project.... The government at the centre has made competition a serious policy issue, therefore one hopes that the policy- makers will take this volume as seriously as it deserves."

 - Vijay L. Kelkar

Chairman, India Development Foundation
and former Advisor to the Finance Minister,
Government of India


ABOUT THE EDITOR :

Pradeep S Mehta (57) is the founder Secretary General of the Jaipur-based Consumer Unity & Trust Society (CUTS), a leading research and advocacy group established in India in 1984. CUTS now operates out of six offices in India, and one each in Zambia, Kenya and UK. Mehta has studied commerce at the Calcutta University and law at the Rajasthan University, Jaipur.

Mehta serves on several policy-making bodies of the Government of India, related to trade, environment and consumer affairs. He is the Chairman of the Advisory Board of the South Asia Watch on Trade, Economics and Environment (SAWTEE), Kathmandu, and Co-Chairman of the International Network of Civil Society Organisations on Competition. In the past, he has served on the governing boards of the International Centre for Trade and Sustain-able Development (ICTSD), Geneva, Life Insurance Corporation of India, Mumbai, Consumer Coordination Council, New Delhi and on the Global Policy and Campaigns Committee on Economic Issues of Consumers International, London.

He also serves on the advisory bodies of the Manchester University's Centre on Regulation and Competition, and on Loyola University's Institute of Antitrust and Consumer Protection. He is a Visiting Fellow to the Centre on Trade and Investment, Government of Rajasthan. Furthermore, he serves on the WTO Director General's Informal NGO Advisory Body.

Mehta writes extensively in the press in India and abroad, and has published several papers and books, which include: Essays on the International Trading System; Multilateralisation of Sovereignty; Environmental Condi-tions in International Trade; Analysis of the Interaction between Trade and Competition Policy; State of the Indian Consumer; Numbers at What Cost ?; and a serial publica-tion: Globalisation and India - Myths & Realities. The last is addressed to the common person in India, which helps to clarify many basic issues about economic reforms and trade liberalisation.


CONTENTS IN DETAIL :

Foreword
VIJAY L KELKAR

Preface
S SUNDAR

Contributors to this Volume

1. Introduction

PRADEEP S. MEHTA

2005, "Can-Do" Year for India
Competition Policy and Other Policies
Promoting Competitiveness Through Competition
Promoting Effective Markets Through Competition
The Report

 

Part I
Competition Law in India

2. Evolution of Competition Policy and Law in India

S. CHAKRAVARTHY

Introduction
Development Strategy and the MRTPA
The MRTP Act, 1969
Economic Reforms and Impact on the MRTP Act
Experience with the working of the MRTPA
Metamorphosis from MRTPA, 1969 to Competition Act, 2002
Role of Third Parties
Consumer Protection Act, 1986 (COPRA)
Sectoral Regulatory Authorities

 
3. Competition Act, 2002: The Approach

S. CHAKRAVARTHY

Introduction
Highlights of the Act
Other Important Features of The Act
Concerns

 
4. Mergers and Acquisitions in India: Implications for Competition

MANISH AGARWAL

Introduction
M&As from Competition Policy Perspective
M&As in India
M&A Regulation in India
National Champions

 
5. Cross-Border Competition Issues

ADITYA BHATTACHARJEA & NITYA NANDA

Introduction
The Indian Experience
Cross-Border Issues in the Competition Act, 2002
The Way Forward

 
6. Interface Between Regulation and Competition Law

T.C.A. ANANT & S. SUNDAR

Introduction
Instruments of Regulation
Regulatory Failure
Sectoral Regulators and the Competition Authority

 

Part II
Competition Policy and Other Government Policies

 
7. Central Government Policies: Interface with Competition Policy Objectives

T.C.A. ANANT & JAIVIR SINGH

Understanding Competition
Understanding Government Policy
Central Government Policies: An Overview
Implications for Policy Formulation

 
8. State Government Policies and Competition

PRABHAT DAYAL & MANISH AGARWAL

Introduction
Government Procurement Policy
Bid Rigging in Construction/Works
Excise Policy
Truck Operations
Regulatory Failures at Local Level
Conclusion

 

Part III
Competition Policy and Consumers

 
9. Competition Policy and Consumer Welfare

PRADEEP S. MEHTA & RAJEEV MATHUR

Introduction
Competition and Consumer Welfare
Competition Law and Consumer Protection Law
Conclusion

 
10. Competition Abuses at Consumer Level: Study of Select Sectors

NITYA NANDA & BHARATH JAIRAJ

Introduction
The Problem
School Education: Tied-selling of Books, Uniforms and Stationery
Health Services
The Solution

 

Part IV
Competition Policy and Consumers

 
11. Agriculture Markets in India: Implications for Competition

RAMESH CHAND

Introduction
Role and Functioning of Agriculture Markets
Price Formation in Primary Markets
Price Received by Farmers as Opposed to Price Paid by Consumer
Retail Prices
State Intervention in Agricultural Markets
Statutory Regulations and Legal Provisions
Price Administration
The Way Forward

 

Part V
Competition Policy in Manufacturing Sector

 
12. State of Competition in the Indian Manufacturing Industry

K.V. RAMASWAMY

Introduction
Manufacturing Sector in India: Size and Structure
Trade and Industrial Policy Liberalisation in the 1990's
Trends in Market Concentration Over Time
Conclusion

 
13. Competition Issues in the Indian Cement Industry

PRADEEP S. MEHTA & NITYA NANDA

Introduction
Nature of the Industry
Competition Concerns
Conclusions

 
14. Competition Scenario in Indian Steel Industry

A.S. FIROZ

Introduction
Cartelisation
Competition Issues in the Context of Investment and Growth
Regulatory Authority
Conclusions

 
15. Competition Policy for the Pharmaceuticals Sector in India

NITYA NANDA & AMIRULLAH KHAN

Introduction
Nature of the Pharmaceutical Industry
Regulations in the Pharmaceutical Industry
Major Competition Issues
In Lieu of Conclusion

 

Part VI
Competition Policy in Infrastructure Sector

 
16. Competition Issues in Telecommunication Sector

MAHESH UPPAL

Introduction
Evolution of the Regulatory Framework
Unified Licensing Regime
Market Structure in Telecommunications
Existence of Anti-competitive Practices
Relationship and Coordination Between Regulatory Agencies

 
17. Competition and Regulation in Energy Sector in India

DEVENDRA KODWANI

Introduction
Nature of the Industry
Competition Concerns
Conclusions

 
18. Competition Issues in Transportation Sectors

SUNIL JAIN

Introduction
Civil Aviation
Ports
Railways
Road Transport
The Way Forward

 

Part VII
Competition Policy in Services

 
19. Competition and Regulation in Financial Services

SHUBHASHIS GANGOPADHYAY & PRAVEEN MOHANTY

Introduction
Banking
Insurance
Asset Management/Mutual Funds
Pension Funds
Non-Banking Financial Companies (NBFCs)
Conclusion

 
20. Competition and Professional Services

T.C.A. ANANT

The Market for Professional Services
Competition Issues in Self Regulation
Assumptions on the Nature of Practice
Regulatory Capture
Experiences of Other Countries in Self Regulation
Conclusion

 

Part VII
Competition Policy in Services

 
21. Competition Issues in Information Technology Sector

K.J. JOSEPH

Introduction
Overview of the Sector
Development of India's IT Sector: Role of the State
Role of Private Sector and Industry Associations
Structure of IT Market and Competition
Conclusion

 
22. Implications of Competition Policy on Biotechnology Industry in India

A. DAMODARAN

Introduction
Biotechnology Policies in India
Backward Integration through Joint Ventures, Mergers and Acquisitions
Regulatory Regime for Biotech Industry in India
India's Competition Act, 2002
Competition Issues
Flexibilities in India's IPR Regimes and its Impact on Competition

 
The Steering Committee
 

Contributors to this Volume

Pradeep S. Mehta Secretary General, CUTS International
 
S. Chakravarthy Former Member, MRTP Commission, Adviser/Consultant on Competition Policy and Law, and Fellow, CUTS Centre for Competition, Investment & Economic Regulation (C-CIER)
 
Manish Agarwal Policy Analyst, CUTS Centre for Competition, Investment & Economic Regulation (C-CIER)
Aditya Bhattacharjea Reader, Department of Economics, Delhi School of Economics, University of Delhi, Delhi
Nitya Nanda Policy Analyst, CUTS Centre for Competition, Investment & Economic Regulation (C-CIER)
T.C.A. Anant Professor, Department of Economics, Delhi School of Economics, University of Delhi
S. Sundar Distinguished Fellow, The Energy and Resources Institute (TERI), New Delhi
Jaivir Singh Assistant Professor, Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi
Prabhat Dayal Fellow, CUTS Centre for Competition, Investment & Economic Regulation (C-CIER)
Rajeev Mathur Director, CUTS International
Bharath Jairaj Legal Coordinator, Citizen consumer and civic Action Group, Chennai
Ramesh Chand Principal Scientist, National Centre for Agriculture Economics and Policy Research, New Delhi
K.V. Ramaswamy Associate Professor, Indira Gandhi Institute of Development Research (IGIDR), Mumbai
A.S. Firoz Chief Economist, Economic Research Unit, Ministry of Steel, Government of India
Amir Ullah Khan Fellow, India Development Foundation, Gurgaon
Mahesh Uppal Director, Telecommunications & Computer Information Systems, New Delhi
Devendra Kodwani Director, Tolani Institute of Management, Kutch, Gujarat
Sunil Jain Contributing Editor, Business Standard, New Delhi
Shubhashis Gangopadhyay Director, India Development Foundation, Gurgaon
Praveen Mohanty Prognosis Capital Advisor, India Development Foundation, Gurgaon
K.J. Joseph Visiting Senior Fellow, Research and Information System for the Non-Aligned and other Developing Countries (RIS), New Delhi
A. Damodaran Professor, Indian Institute of Management (IIM), Bangalore.
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