Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India


Shivani Baskar, Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed) University, Pune.

Vranda Rellan, Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed) University, Pune.


In India, the coexistence of competition regulation through the Competition Commission of India (CCI) and sector-specific regulation by various sectoral regulators has given rise to a complex regulatory landscape. This abstract provides a glimpse into the challenges and dynamics of the overlapping jurisdiction between CCI and sectoral regulators, focusing on its impact on competition enforcement and regulatory coherence. The Indian regulatory framework is characterized by the presence of independent sectoral regulators for diverse industries such as telecom, energy, and financial services, each with its own set of laws and regulations. In parallel, the CCI was established to promote and maintain competition in the market, ensuring a level playing field and preventing anti-competitive practices. This dual regulatory structure sometimes leads to conflicts and overlaps in jurisdiction, creating uncertainty for businesses and stakeholders. This study delves into the key issues arising from the coexistence of CCI and sectoral regulators. It explores cases where disputes have arisen, leading to legal battles and questions regarding the boundaries of their authority. Moreover, it investigates the potential consequences of these conflicts on market competition, innovation, and consumer welfare. The research also examines the regulatory gaps that may emerge due to this duality, as well as the challenges in achieving regulatory consistency and coherence. It highlights the need for a harmonized approach to competition enforcement and sector-specific regulation to strike a balance between promoting competition and achieving sectoral policy objectives. The coexistence of CCI and sectoral regulators in India presents a multifaceted regulatory landscape with inherent challenges.

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