Thursday, February 4, 2010
Posted by D. Daniel Sokol
Mark Sansom (Freshfields) and Priya Christian describe India's New Competition Regime: The Elephant Who Became a Tiger.
ABSTRACT: After a wait of more than six years, India has begun to bring into force the provisions of its Competition Act, 2002. The new regime, which is loosely reflective of EC and UK law, establishes the Competition Commission of India (the CCI) as the nation's competition regulator and a Competition Appellate Tribunal to hear appeals in competition matters.
This article considers the key provisions of the new Indian regime with respect to anticompetitive agreements (including the CCI's cartel leniency regime), abuses of dominance and the yet-to-be-implemented merger control rules. It highlights significant points of similarity and divergence with EC and UK competition laws and highlights areas where further clarification by the CCI will be needed.