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A Functional Competition Policy For India   

A Functional Competition Policy For India

Edited by PRADEEP S MEHTA

Published by Academic Foundation
in Association with
Consumer Unity and Trust Society (CUTS International), Jaipur.
Hard  Back Book     :   Pages : 294
2006  Edition         :   ISBN - 81-7188-493-8
Price : Rs. 995.00   :   USD $ 79.95
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ABOUT THE BOOK :

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.

The present volume 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 published as two separate volumes. An earlier published volume forms the Overview, which carries all papers in a precis form, so that a busy reader can go through them easily and get a flavour of what the issues are. The second one is the present volume — a more detailed report, carrying all chapters in greater depth, and is meant for the policy community, particularly those involved in research. The report (in either format) will serve as a curtain raiser and as a road map for future work in still greater depth.


"...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 by Vijay L. Kelkar

Preface by S. Sundar

Acknowledgements

Contributors to this Volume

1. Introduction

PRADEEP S. MEHTA

2005, “Can-Do” Year for India
What is Competition?
Why a Competition Law?
Competition Policy and Other Policies
Promoting Competitiveness through Competition
Competition Policy and Development
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
Historical Developments Leading to the Enactment of the MRTP Act
Enactment of the MRTP Act, 1969
Economic Reforms and Impact on the MRTP Act
Experience with the Working of the MRTP Act
Metamorphosis from MRTP Act, 1969 to Competition Act, 2002
Role of Third Parties
Consumer Protection Act, 1986
Sectoral Regulatory Authorities
Way Ahead

 
3. Competition Act, 2002: The Approach

S. CHAKRAVARTHY

Introduction
Rubric of the New Law
Anti-Competitive Agreements
Abuse of Dominance
Combinations Regulation
Competition Advocacy
Investigation, Prosecution, Adjudication, Mergers Bench and Selection Procedure
Exemptions
Appeal and Review Provisions
Extra-Territorial Reach
New Wine in a New Bottle
Improvements in the Competition Act, 2002 over the MRTP Act, 1969
Phased Introduction of the Act
Concerns and Reservations on the Act

 
4. Mergers and Acquisitions in India: Implications for Competition

MANISH AGARWAL

Introduction
Nature of M&As in India
Motives and Characteristics of Firms Involved in M&As
Impact of M&As
M&As involving Foreign Companies
M&A Regulation in India
National Champions
Recommendations and Issues for Further Research

 
5. Cross-Border Competition Issues

ADITYA BHATTACHARJEA & NITYA NANDA

Introduction
Cross-Border Market Power
Barriers to Import Competition
Foreign Investment
Intellectual Property Rights
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

Characterising Competition, Competition Policy and Government Policy
Central Government Policies: An Overview
Minimising the Trade-off Between Process of Competition and Outcomes

 
8. State Government Policies and Competition

PRABHAT DAYAL & MANISH AGARWAL

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

 

Part III
Competition Policy and Consumers

 
9. Competition Policy and Consumer Welfare

PRADEEP S. MEHTA

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
Methodology
School Education: Tied-Selling of Books, Uniforms and Stationeries
Health Services
Suggestions and Recommendations

 

Part IV
Competition Policy in Agriculture

 
11. Agriculture Markets in India: Implications for Competition

RAMESH CHAND

Introduction
State of Agricultural Marketing
Role and Functioning of Markets
Price Formation in Primary Markets
Spatial and Inter-Temporal Market Equilibrium
Price Spread
Retail Prices
Marketing of Livestock Products
State Intervention in Agricultural Markets
Statutory Regulations and Legal Provisions
Price Administration
Market Infrastructure
Forward Trading
Policy Suggestions and Recommendations

 

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 1990s
Trends in Market Concentration Over Time
Import Competition, FDI and Profitability in the 1990s
Findings, Conclusions and Suggestions for Future Studies

 
13. Competition Issues in the Indian Cement Industry

PRADEEP S. MEHTA & NITYA NANDA

Introduction
Current Industry Scenario
Nature of the Industry
Competition Concerns
Concluding Observations

 
14. Competition Scenario in Indian Steel Industry

A.S. FIROZ

Introduction
Deregulation in the 90s and the Emerging Policy Framework
Structure of Industry
Competition Structure of the Steel Industry
Competition Structure by Product Category
Competitive Structure for Relevant Products
Hot Rolled Coils (HRCs)
Billets/Pencil Ingots
Cartelisation
Mergers and Acquisitions
Competition Issues in the Context of Investment and Growth
Regulatory Authority
Conclusion

 
15. Competition Policy for the Pharmaceuticals Sector in India

NITYA NANDA & AMIRULLAH KHAN

Introduction
The Global Scenario
Nature of the Pharmaceutical Industry
Regulations in the Pharmaceutical Industry
Pharmaceuticals Regulation in India
Decontrol and Pharmaceuticals Prices
Major Competition Issues
In Lieu of Conclusion

 

Part VI
Competition Policy in Infrastructure Sector

 
16. Competition Issues in Telecommunication Sector

MAHESH UPPAL

An Overview of the Sector
Indian Telecom Policy Changes
Experience with Telecom Regulation in India
Evolution of BSNL and MTNL in the Last Decade
M&A Trends
Existence of Anti-competitive Practices
WTO Agreement on Basic Telecommunications Services: Insight into
      Government Approach to Competition in the Telecom Market
Entry and Exit in the Telecommunications Sector in India
Relationship and Coordination between Regulatory Agencies
Role of Foreign Players in India’s Telecommunications Sector
Conclusions

 
17. Competition and Regulation in Energy Sector in India

DEVENDRA KODWANI

Introduction
Energy Markets in India and Government Policy Orientation
Coal
Petroleum Sector
Power Sector
Conclusion

 
18. Competition Issues in Transportation Sectors

SUNIL JAIN

Introduction
Civil Aviation
Competition Concerns in Civil Aviation
Ports
Competition Concerns in Ports
Railways
Competition Concerns in Railways
Way Ahead for Railways
Road Transport
Transport Sector: The Way Forward

 

Part VII
Competition Policy in Services

 
19. Competition and Regulation in Financial Services

SHUBHASHIS GANGOPADHYAY & PRAVEEN MOHANTY

Introduction
Measuring Reforms
Banking Reforms
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
Experience of Other Countries in Self Regulation
Conclusion

 

Part VII
Competition Policy in New Economy Areas

 
21. Competition Issues in Information Technology Sector

K.J. JOSEPH

Introduction
Overview of the IT Sector
Market Structure and Competition in the IT Market
Concluding Observations

 
22. Implications of Competition Policy on Biotechnology Industry in India

A. DAMODARAN

The Structure of Biotechnology Industry in India
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

 

Appendix

National Competition Policy

Steering Committee

 

Contributors to this Volume

Pradeep S. Mehta Secretary General, CUTS International, Jaipur.
 
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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