DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

CORPORATE LAW

JURISDCITION OF CCI

SYNOPSIS

SUBMITTED BY: UNDER THE GUIDANCE OF:

RISHI SEHGAL Ms. PRIYA ANURAGINI

ENROLMENT NUMBER: 150101112 ASSISTANT PROFESSOR (LAW)

SECTION: ‘B’ DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER VI NATIONAL LAW UNIVERSITY

SIGNATURE OF STUDENT SIGNATURE OF PROFESSOR

AIM/ OBJECTIVES

India's Liberalisation and Privatisation witnessed creation of sector-specific regulators to cater

to the needs of the sectors with its domain expertise and technical regulations, by providing a
level playing field and ensuring competition in the market. With the coming into force of the
Competition Act, 2002 ("Act") (replacing the erstwhile Monopolies and Restrictive Trade
Practices Act, 1956), which established the Competition Commission of India ("CCI"), the
principal competition enforcement agency in India, a power tussle was created between the
CCI and the other sector-specific regulators. Whilst the sector-specific regulators and
competition authorities share a similar set of objectives, i.e. to ensure competition in the
market, they are entrusted with different functions, perspectives and areas of supervision.

The interface between competition law and sector-specific regulations has been a source of
endless debate and controversy. Lack of legislative clarity, precedence over time, sector-
specific expertise, are some of the factors that have led to uncertainties, ambiguities in the
application of law, forum-shopping, and differing remedies for the same cause of action.
Further, arguments of lack of jurisdiction of CCI, due to perceived overlaps of jurisdiction with
sector regulators, such as PNGRB, CERC, Copyright Board, Controller of Patents have been
raised in past by parties to suit their requirement before CCI and CCI has also either avoided
interfering in some cases or has proceeded with the inquiry only after the jurisdictional issue
has been resolved by the higher Courts. Accordingly, there is a need for the CCI and sector-
specific regulators to co-operate with each other, to bridge the gaps and establish a framework
for them to operate mutually.

RESEARCH QUESTIONS

1. What is the conflict regarding the jurisdiction of CCI?

2. Does the Act provide any guidance with regard to CCI’s jurisdiction?
3. What are the different cases in which the jurisdiction issue of CCI has been brought up?
4. What has been the observation of courts with regard to this issue?

RESEARCH METHODOLOGY

The methodology to be used for the completion of the project is literary in nature; various
books and articles will be consulted for understanding the topic.
REFERENCES

1. Sushruti Tripathi, Interface between the jurisdiction of the Competition Commission of

India and the Telecom Regulatory Authority of India, Society of international trade and

competition law N.U.J.S.

2. M.M. Sharma, C.C.I. v. T.R.A.I. Turf war begins: Can and should C.C.I. monopolize

knowledge on Competition Law, ANTITRUST AND COMPETITION LAW BLOG,

http://competitionlawyer.in/cci-vs-trai-turf-war-begins-can-and-should-cci-

monopolize-knowledge-on-competition-law/.

3. http://www.legaleraonline.com/articles/cci-and-sector-specific-regulators.