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Authored by raviteja

introduction of a market-structure

It also interesting to note that the European Union is currently exploring the introduction of a market-structure based competition tool in addition to dominance-based assessment as a part of its New Competition Tool

The presence of the sectoral regulator, DoT, and CCI requires robust regulatory coordination. While the Report suggests that the resort to S.21 and 21A of the Act for consultation with other regulators, such consultations are not binding on them. For instance, if one of the TSPs engages in differential treatment with an OTT, it would fall under the jurisdiction of both TRAI and CCI. The Supreme Court’s (SC) verdict in the case of CCI v. Bharti Airtel was an endeavor in pursuit of regulatory convergence between TRAI and CCI. In that case, the SC observed that TRAI would have the preliminary jurisdiction over the dispute and if the dispute merits a detailed investigation by CCI, it may refer it to CCI. However, there is a possibility that the regulators might have contradictory observations on a given dispute. Such instances result in protracted investigations and the resort to courts for resolution. A unified regulatory consultation system may be introduced wherein TRAI may provide technical guidance to the overall CCI investigation without strictly resigning to the role of regulator-of-first-instance as propounded by the SC. This model of super-regulation wherein several sectoral regulators combine their powers with the competition law authority to prevent duplication of efforts was introduced in Spain. This model was later adopted by Australia and New Zealand. It ensures that the assessment is effective and accurate due to TRAI’s involvement in the investigation. This can also prevent CCI from accepting any voluntary commitments from the parties or passing any order that may be violative of privacy and data protection laws. More info: it support engineer

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