竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.88
Pariekh Pandey
{"title":"CCI’s Jurisdictional Conflict with the Proposed Cement Industry Regulator: An Analysis","authors":"Pariekh Pandey","doi":"10.54425/ccijoclp.v3.88","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.88","url":null,"abstract":"Controversial activities by manufacturers in the Indian cement industry have repeatedly invited investigations by the Competition Commission of India (CCI) for allegations of anti-competitive cartelising agreements. These manufacturing firms have created an artificial scarcity of production and supply in the market, using their association meetings as a front for illegal collusive activities. In spite of CCI having penalised the firms for their activities, the continued cartelisation in the cement market has led the Indian government to propose the establishment of a cement and steel industry regulator for proper governance. Along these lines, this paper aims to achieve a middle ground for removing conflict and ensuring cooperation between CCI and the proposed regulator. The author takes the initiative to study the nature of the cartelising activities of Indian cement manufacturers and the action taken by CCI through analysing the stance of the Supreme Court on the primacy of institutions in competition law matters relating to the cement industry. The paper additionally discusses competition enforcement against cement cartels in China and South Africa—two developing nations competing with the growing Indian economy and facing the same issues of deep-rooted cartelisation in the cement industry.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84464983","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.91
Ankita Srivastava, Abhyuday Yadav
{"title":"Regulating Combinations in Platform Markets: An Indian Perspective","authors":"Ankita Srivastava, Abhyuday Yadav","doi":"10.54425/ccijoclp.v3.91","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.91","url":null,"abstract":"Data has emerged as the most important economic asset in the digital economy. Firms in the digital era have been inclined to collect as much data as possible, which can then be used to make strategic business decisions to gain competitive significance over other market players. Data is the new oil in the global economy, and the big fish are eating up small ones to remain dominant in the market. The giant players are going for numerous mergers and acquisitions, with a special focus on small, emerging players in the market, and often, due to the requirement of a threshold for investigation, the combination goes unnoticed. The point of discussion is also whether we need a separate legislation to tackle these markets. This research focuses on the role of data, the big players and their merger patterns, and the enforcement gap in merger control regimes in global digital markets, where data plays a primary role. This research examines the intricacies of digital markets and the challenges they pose before competition authorities. While discussing the challenges, the authors have emphasised the parameters of jurisdictional threshold incorporated in competition regimes in varied jurisdictions. The research tries to propose a separate regime for digital market combinations.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76258408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.42
Rupali Nayal
{"title":"Data Privacy at the Altar of Competition Laws","authors":"Rupali Nayal","doi":"10.54425/ccijoclp.v3.42","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.42","url":null,"abstract":"Data privacy has been receiving widespread attention. However, in some areas, dedicated laws are proving inadequate to deal with the impact of anti-competitive effects on the privacy of users. This requires a detailed discussion on the unilateral privacy policies imposed by data giants involving consent notices in the nature of “take it or leave it”. It further brings into question the role that competition law can play in examining abuse of dominance within firms, where users are being held captive and forced to share access to their data, given the status of the players in the market.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79016413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.75
Amit Bansal, Shruti Gupta, Priyanshi Desai, Manasvi Aiyer
{"title":"Predatory Innovation in the Digital Era","authors":"Amit Bansal, Shruti Gupta, Priyanshi Desai, Manasvi Aiyer","doi":"10.54425/ccijoclp.v3.75","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.75","url":null,"abstract":"The current wave of the industrial revolution has altered humankind in all ways possible. With evolution comes the possibility of conflict, especially when the intent is to eliminate competition rather than revolutionise the product or service delivery. One such conduct is predatory innovation, which involves an incumbent altering one or more technical elements of a product to limit or eliminate competition under the guise of innovation. Discourse on the topic suggests that the jurisprudence has not yet generalised the etiquette of predatory innovation, which resonates with the challenges encountered by antitrust practitioners while assessing such conduct. Thus, in this paper, we aim to examine conduct that is construed as predatory innovation, given its increasing relevance and undiscovered potential harm. We present economic literature that discusses different types of predatory innovation and describe economic tests that are equipped to assess anti-competitive harm. Subsequently, we conduct an in-depth review of select cases that exhibit predatory innovation. We conclude by suggesting a way forward for competition assessment of predatory innovation.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78209290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.106
Ashutosh Kumar
{"title":"Posner, Eric A. How Antitrust Failed Workers","authors":"Ashutosh Kumar","doi":"10.54425/ccijoclp.v3.106","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.106","url":null,"abstract":"No Abstract","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76928098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.54
Saloni Jagga
{"title":"Anti-Google Law: An Analysis","authors":"Saloni Jagga","doi":"10.54425/ccijoclp.v3.54","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.54","url":null,"abstract":"When an organisation acts independently of the dynamics of the competitive market and attracts the greatest number of customers, it enjoys a dominant position in the market. It has been repeatedly proven through a series of cases that a dominating actor may try to engage in actions that are an abuse of their dominant position and hence, anti-competitive, resulting in a chilling effect on efforts to create perfect competition. In a fast-developing digital technology market, it is expected that the competition enforcement machinery will adopt measures that can be applied to dynamic competition. With the South Korean government bringing in a stricter legislation to control such misuse, would an attempt to shift from ex-post facto mechanism to an ex-ante framework afford a possible solution to bring in effective changes to circumscribe abuse of dominance in the digital marketspace? This paper tries to comparatively analyse the recent law passed by South Korea, nicknamed the “Anti-Google law”, and how India can take inspiration from it to implement changes to existing laws.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88248078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.71
Bidyadhar Majhi, Sakshi Goel
{"title":"Collusion in Technical Development: A Perspective on EC’s Emission Cleaning Judgement","authors":"Bidyadhar Majhi, Sakshi Goel","doi":"10.54425/ccijoclp.v3.71","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.71","url":null,"abstract":"In July 2021, the European Commission (EC) came out with a decision in a matter involving the issue of collusion in technical development with reference to emission cleaning for new diesel passenger cars. The said decision is the first of its kind, wherein the EC ruled that meeting of minds amongst competitors placed at a horizontal level with a view to limit technical development and competition on innovation in the area of emission cleaning technologies for passenger cars amounts to cartelisation, leading to the imposition of penalty on the five colluding parties. Taking clues from the above ruling of EC, this paper, by using doctrinal research methods, establishes a parallel between technology lock-in, network externalities, and collusion in technical development so far as their anti-competitive outcomes are concerned and provides that, in both technological lock-in and technical collusion, markets fail to produce efficient/competitive outcome. The paper supplements existing literature by advocating prompt regulatory intervention in both situations to correct market aberrations. Even though the ruling under reference relates to emission cleaning technologies for passenger cars, similar conduct may be present in other sectors. Accordingly, the paper suggests prompt regulatory action by competition authorities to ensure effective competition in the technology and innovation fields and for the benefit of society as a whole through the availability of innovative products at competitive prices and favourable impact on the environment.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82018467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.110
Economics Division
{"title":"7th National Conference on Economics of Competition Law","authors":"Economics Division","doi":"10.54425/ccijoclp.v3.110","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.110","url":null,"abstract":"No Abstract.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"226 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73548481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.94
Avaantika Kakkar, V. Chauhan
{"title":"Evolving Character of the Indian Merger Control Regime","authors":"Avaantika Kakkar, V. Chauhan","doi":"10.54425/ccijoclp.v3.94","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.94","url":null,"abstract":"This article examines the evolving character of the Competition Commission of India (CCI) as regards merger review and discusses how CCI has fared in meeting legislative expectations and what is to come—best studied through analysing CCI’s substantive and procedural approaches, its stance in complex merger cases, initiatives for efficient case disposal, and the quirkier aspects of India’s merger control regime. The analysis shows that, through constant reforms, CCI has evolved into one of the most dynamic regulators amongst major merger control jurisdictions globally, displaying a willingness to adopt a business-friendly approach while dealing with complex transactions. CCI appears to be sufficiently adaptable to meet new economy challenges.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89814969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
竞争法律与政策评论Pub Date : 2023-03-31DOI: 10.54425/ccijoclp.v3.116
P. Malik, V. Sridhar
{"title":"Workshop on Startup Ecosystem and Competition","authors":"P. Malik, V. Sridhar","doi":"10.54425/ccijoclp.v3.116","DOIUrl":"https://doi.org/10.54425/ccijoclp.v3.116","url":null,"abstract":"No Abstrract.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76338452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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