Competition Law And Telecom Sector In India
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| Author | : Maruthi P. Tangirala |
| Publisher | : Taylor & Francis |
| Total Pages | : 221 |
| Release | : 2019-03-13 |
| Genre | : Political Science |
| ISBN | : 0429534388 |
This book traces important legal and regulatory developments in the first two decades since the Telecom Regulatory Authority of India (TRAI) was established, along with its political and economic aspects. It narrates the story of the institutional progress of TRAI and its influence on the growth of India’s telecom sector. The telecom revolution was a game changer in post-liberalization India, a country today home to the second largest subscriber base in the world– more people have access to mobile phones than toilets. Its rapid, relentless growth has created new possibilities and challenges, including a robust regulatory policy. This book, the first comprehensive survey of TRAI’s progress, examines the salient developments in regulation of the Indian telecom sector. It analyses, at the macro-institutional level, the norms and rules reconstituted over time; at the institutional level, the impact of important court judgments, relevant telecom case law (including the 2G judgment and Adjusted Gross Revenue-related cases), and the ‘judicialization’ of regulatory governance; and, at the micro-institutional level, the mechanisms of governance of TRAI and the way its functioning has affected the alignment of incentives in the regulatory space. It provides an overview of the regulatory framework and the context in which the telecom sector was deregulated, the structure of internal governance, and issues in telecom licensing and spectrum allotment. The book combines academic rigour and empirical research with a practitioner’s perspective of the unfolding events. It will interest students and researchers of economics, law, public policy, communications technology, and ICT policy and regulation, as well as telecom sector professionals, service providers, academic experts, policymakers, and think tanks.
| Author | : Ashish Bharadwaj |
| Publisher | : Springer |
| Total Pages | : 350 |
| Release | : 2018-07-23 |
| Genre | : Law |
| ISBN | : 981131232X |
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
| Author | : Abir Roy |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 538 |
| Release | : 2024-03-12 |
| Genre | : Law |
| ISBN | : 9403531479 |
In the last few years, the Competition Commission of India has been extremely assertive in its enforcement outlook, especially in the digital markets. Additionally, the relevance of competition law in India continues to grow in importance as investment activity increases. This comprehensive, practical guide outlines the highly distinctive manner in which competition law is interpreted in this major global market. Highlighting the key aspects of Indian competition law, a leading competition law practitioner describes elements of Indian competition law encompassing the following: the dual regulatory-judicial nature of the Competition Commission; investigatory powers of the Commission’s Director General; mandated business conduct policies (e.g., active risk management procedures); availability of sanctions, remedies, and private actions; cartels and leniency programmes; extraterritorial application of the Competition Commission; merger review; pricing and non-pricing abuse; approach in digital markets; appeal process; fines – companies, directors and officers; fines for non-cooperation or furnishing false information; and liability of state-owned enterprises. Analysis of numerous leading cases decided by the Indian competition authorities enhances the book’s practical value. This comprehensive guide provides an incomparable overview of practice in a key jurisdiction that is increasingly becoming one of the most important in the international recognition and enforcement of competition law. As a guide to the ‘landscape’ of competition law in India, it has no peers. The book will be of inestimable value to professionals in this area of legal practice, whether in law firms, corporations, academia, government or the judiciary, as well as to investors, economists and business executives.
| Author | : Jean-Jacques Laffont |
| Publisher | : MIT Press |
| Total Pages | : 340 |
| Release | : 2001 |
| Genre | : Business & Economics |
| ISBN | : 9780262621502 |
The authors analyze regulatory reform and the emergence of competitionin network industries using the state-of-the-art theoretical tools ofindustrial organization, political economy, and the economics ofincentives.
| Author | : Srinivasan Parthasarathy |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 143 |
| Release | : 2017-02-24 |
| Genre | : Law |
| ISBN | : 904118760X |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in India covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
| Author | : Geeta Gouri |
| Publisher | : Springer Nature |
| Total Pages | : 258 |
| Release | : 2023-03-01 |
| Genre | : Law |
| ISBN | : 9811994765 |
This book is a primer on economics of competition law by a Commissioner based on cases of the Competition Commission of India (CCI). It presents economic theories in lucid ways while providing an in depth economic analysis of the cases dealt by CCI and in the process, it blends the diversity of responses by including the orders upheld by majority and minority. In essence. It is a unique work that addresses the gap between competition law and economics.
| Author | : Pradeep S. Mehta |
| Publisher | : Academic Foundation |
| Total Pages | : 308 |
| Release | : 2006 |
| Genre | : Business & Economics |
| ISBN | : 9788171884933 |
Contributed articles emerging out of various seminar platforms on Indian government policies on competition and laws regarding it.
| Author | : Amber Darr |
| Publisher | : Cambridge University Press |
| Total Pages | : 311 |
| Release | : 2023-02-28 |
| Genre | : Law |
| ISBN | : 1009247158 |
In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe.
| Author | : Giorgio Monti |
| Publisher | : Cambridge University Press |
| Total Pages | : 506 |
| Release | : 2007-08-06 |
| Genre | : Business & Economics |
| ISBN | : 0521700752 |
Monti explores the development of EC competition law through an interdisciplinary approach, focusing on the political and economic considerations that affect the way the rules are interpreted. Written with competition law students in mind, it should also be of interest to undergraduate and postgraduate students of EU politics and economics.
| Author | : Varun Chhachhar |
| Publisher | : |
| Total Pages | : 272 |
| Release | : 2013 |
| Genre | : Antitrust law |
| ISBN | : 9789380820804 |
