Download or read book Competition in Telecom Sector written by Keyur Tripathi and published by . This book was released on 2020 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: From enjoying natural monopolies to witnessing tough competition for services, the telecom sector in India has come a long way. It is now characterized by one of the fastest-growing sectors of deploying the latest technology and driving the economic growth in India. With the rapid intervention of innovation and competition redefining the sector dynamics, there are new emerging challenges that force the telecom and competition authorities to rethink their role and function and adopt a collaborative approach in deciding intersecting issues. In 2017, Reliance Jio Infocomm Limited (RJIL), a new entrant in the telecommunications market approached Competition Commission of India (CCI) against the incumbents for forming a cartel to deny market entry. Prior to that, it approached the Telecom Regulatory Authority of India (TRAI) against the incumbents for denying adequate points of interconnection. CCI passed an order in favour of the informant, which was challenged in the Bombay High Court and later appeared in the Supreme Court of India. The case that breathed fresh air at every level of Court in the country is a landmark decision in settling the role of CCI with respect to telecom sectoral regulators, particularly in issues that simultaneously fall within the jurisdiction of both the bodies. The objectives of both legislation, when reading together, intend to create an environment that may facilitate fair competition. In fulfilling the concerned objective, the jurisdiction of TRAI and the CCI overlap. Although the watchdogs (CCI and TRAI) share a common goal, they differ in their mandate and approach. The difference in the approach adopted by the CCI and TRAI towards a similar objective leads to cases of jurisdictional conflicts. The Researcher aims to analyze the decision of the Supreme Court of India in terms of its far-reaching effects on CCI while touching base on developments in the case at every level of proceedings through the lens of optimal regulation and competition.

Download or read book Telecom Regulatory Authority of India Competition Commission of India written by Hemant Singh and published by . This book was released on 2013 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interface between sector-specific regulation and competition law in India is unique. In the immediate past, the Indian economy has witnessed a massive growth spurt. While the fast-paced development has lifted millions of people up from poverty levels, it has also led to concomitant challenges. India has seen several economic scandals and other crises during the period of economic boom. A significant feature of the Indian economic and legal regime during this period has been a mushrooming of innumerable regulatory authorities. With several regulatory authorities cropping up simultaneously, it is natural that they might end up having overlapping jurisdictions. Therefore, it is critical to appreciate the genesis of the Indian strand of regulatory jurisprudence. The recent controversy regarding the conflict of jurisdiction between Competition Commission of India (CCI) and other sectoral regulators like Reserve Bank of India (RBI) and Telecom Regulatory Authority of India (TRAI) has generated a lot of interest in public. It has been reported that Government is considering 'clipping the wings' of CCI. In this work an attempt is made to provide the overview of two regulators of telecom industry which are TRAI and CCI and discussion is done about the conflicting issues between both these regulators. It is also discussed whether telecom industry need both the regulators simultaneously and finally conclude the work with some suggestions.

Download or read book Competition Law and Telecom Sector written by Harshit Khandelwal and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The telecom industry in India has come a long way from enjoying natural monopolies to experiencing strong competition for services. Innovation quickly entered the scene, and competitiveness was redefined. The competitive authorities for telecommunications businesses are being forced to reevaluate their purpose and function and adopt a cooperative approach to decision-making on overlapping issues due to the changing dynamics of the industry. The Competition Commission of India (CCI) received a complaint from Reliance Jio Infocomm Limited (RJIL), a new participant in the telecom industry, alleging incumbents of setting up a cartel to block entry into the market. Before that, it complained to the Telecom Regulatory Authority of India (TRAI), claiming that the incumbents had declined to offer enough connection points. The objective of this case analysis is to examine how the Supreme Court of India's rulings have affected the cultural and creative industries on a large scale, while also examining the case's development at each level of management through the prism of the best possible regulation and competition.

Download or read book Telecom Sector Regulation in India written by Maruthi P. Tangirala and published by Taylor & Francis. This book was released on 2019-03-13 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Competition Law and Merger Acquisitions in Indian Telecom Sector written by Sagar Gaikwad and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, The Indian economic opens its door to world. The foreign direct investment increase in Indian market drastically and telecom market is no exception to it. Currently there are more than 12 players in Telecom sector. The big players are trying to take over small companies. The process of Merger and acquisition is governed by various laws such as Companies Act 1956 and Competition Act 2002. The Sec. 5 & 6 mainly deal with Merger and acquisition and its impact on market. These sec. Make sure that an adverse effect shall not be made on market. The concern companies have to notify and take permission from Competition Commission of India. The process of Merger and acquisition in telecom sector is also governed by Telecom Regulation Authority of India, Department of Telecom. These multi bodies create jurisdiction and many problems. After 2G Spectrum judgment of Supreme Court of India the foundation of Telecom market shaken. The 2G services tariff was increased moreover small companies left their business from India. To overcome these problems the author has given its innovation suggestions in this Dissertation that will streamline the Indian Telecom Market.

Download or read book Competition Law in India written by Srinivasan Parthasarathy and published by Kluwer Law International B.V.. This book was released on 2017-02-24 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Cellular Mobile in India written by Subhashish Gupta and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Telecommunications in India has been one of the success stories of economic reforms that increased GDP growth to 9% from the earlier “Hindu rate of growth” of 3%. The number of telephone connections per one hundred people, or teledensity, has increased from a low of 0.81 in 1994 to 64.34 at the end of 2010. By most standards this is a creditable achievement. The growth in telecommunication services has also been spectacular clocking some of the fastest growth rates in the world. A closer look at the sector though reveals a less rosy picture. It has become fashionable to compare China and India across most parameters of economic growth and well being. Here, as with other parameters, India does not compare favourably. In 2009 India's mobile teledensity was 43.48 while that of China's was 55.973. India also compares unfavourably with other Asian neighbours. It could of course be argued that given her late start and current robust growth rates she will catch up, sooner rather than later. Yet, there are other misgivings. One is the sorry state of rural teledensity and another is the lack of broadband penetration. Further, the telecommunications sector seems to get embroiled in political problems from time to time. Currently, the Controller and Auditor General of India (CAG) has suggested that in the last round of allocation of 2G spectrum using administrative procedures rather than an auction has led to substantial loss of revenue to the government. One estimate has pegged it at 176645 crores (1.76 trillion Rupees). Regardless of the truth of the charge this event has caused some turmoil in the telecommunications sector leading to the resignation of the telecommunications minister and calls for cancellation of licenses. Clearly events of this kind should affect the health of this sector. However, nothing much seems to have happened. It is as if the key drivers of this sector are so strong that minor hiccups don't make a dent. The other possibility is that if such events had been avoided then telecommunications growth would have been even higher and conditions healthier. In this paper I aim to take a closer look at the cellular mobile segment from the standpoint of competition and policy. The usual assumption is that the cellular mobile segment enjoys strong competition. It would be useful to try and take a closer look at that assumption. It is also intriguing that the Telecommunications Regulatory Authority of India (TRAI) while not interfering on a regular basis does, at times regulate tariffs on the basis of insufficient competition. The rationale behind the TRAI's decision seems to be based on casual observation of behaviour and not on robust analysis. The fact that now India has a 3 Competition Commission that is up and running makes the situation even more interesting. Anti-competitive behaviour is also the preserve of the Competition Commission of India (CCI). How the two agencies will coordinate their decisions in the future will be interesting to observe. Other actors like the Department of Telecommunications (DOT), the parent ministry, the incumbent state operators, BSNL and MTNL, also keep the plot ticking over.

Download or read book A Functional Competition Policy for India written by Pradeep S. Mehta and published by Academic Foundation. This book was released on 2006 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributed articles emerging out of various seminar platforms on Indian government policies on competition and laws regarding it.

Download or read book Responding to 4G Telecom War written by Neeraj Pandey and published by . This book was released on 2018 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: In May 2017, the telecom industry in India witnessed an intense price war over 4G (fourth generation) data prices. Gopal Vittal, CEO of Bharti Airtel was exploring various options on how best to respond to the situation. He had to take a final call regarding Bharti Airtels marketing teams counter move to tackle this price war by Jio should Bharti Airtel ignore it, accommodate it or retaliate with even lower prices? Bharti Airtel strongly believed that Jio pricing structure had violated "fair pricing" norms, and its pricing was anti-competitive. It had filed a case with the Telecom Regulatory Authority of India (TRAI) and the Competition Commission of India (CCI) to restrain Jio from further giving "free" promotional offers and penalize it for it. Could the legal recourse by Bharti Airtel dampen Jios consistent subscriber growth rate?

Download or read book Media Ownership and Control written by Suzanne Rab and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and diversity in media and communications are fundamental to a healthy economy and democracy. In India and internationally there is no consensus on the exact manner and scope of interventions that are appropriate to protect competition and pluralism in media markets. Many emerging economies including India are seeking to adopt their own regulation in this area taking their lead from the UK. The issues have been brought into sharp focus in India in recent years. First, the enactment and implementation of modern - but sector neutral - competition law under the Competition Act 2002 has caused a step change in regulation towards an economics and effects-based approach. Second, in 2013 the India telecoms regulator launched controversial reform proposals to apply a media-specific approach to ownership regulation. As academics, lawyers, businesses, regulators and policy-makers in India cast a glance at the international experience, this book examines the legal, economic and policy issues relating to regulation of ownership and control of media markets. The focus of comparative assessment is on examples from the European Union, EU Member States and the US.

Download or read book Competition Law in India written by Abir Roy and published by Kluwer Law International B.V.. This book was released on 2024-03-12 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Regulation in India Design Capacity Performance written by Devesh Kapur and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world's largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.

Download or read book Creating a Regulatory Space written by Rekha Jain (Professor of information technology) and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This case brings out the role of regulatory institutions in the evolving policy domain of the telecom sector in developing countries. The institutional environments in developed and emerging economies differ significantly in terms of the formalisation of processes within and across organisations and human resource capabilities of staff in regulatory and policy agencies. Compared to those in developed countries, regulatory institutions in many emerging economies are of more recent origins and are at an early stage of evolution and hence lack well-established roles, responsibilities and processes. The role of institutions is more important in developed economies than in developing countries, as the latter are characterised by a poor institutional environment and often have inappropriate organisational structures for governance, which may not provide adequate guidelines for operationalisation of new instruments. Since the design of processes may not be well defined, relevant agencies may need to establish their role in regulation and evolve a policy for their legitimisation. The relationship between the regulatory agency and the regulated entities is not just hierarchical but complex, dynamic and negotiated.

Download or read book Consultation Paper on Issues Relating to Convergence and Competition in Broadcasting and Telecommunications written by and published by . This book was released on 2006 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Consultation Paper on Introduction of Competition in Domestic Long Distance Communications written by and published by . This book was released on 1999 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Telecom Regulatory Authority of India s Proposals for Tariffs for Basic Services written by Subhashish Gupta and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a precursor to enhanced competition in the telecom sector the Telecom Regulatory Authority of India (TRAI) has published recommended prices of various telecom services. This move, along with TRAI's practice of consultation with potential entrants and consumers is to be commended. The avowed aim of TRAI is to calculate and enforce cost based prices. The reason behind this aim is that increasing competition would force prices towards costs and the TRAI would, through regulation, foster surrogate competition. Another reason behind this effort is to encourage entry into the telecom sector from private firms. Since most of these entrants would have to rely on the DoT network for initiation and completion of calls high costs of interconnection would discourage entry and thereby inhibit healthy competition from developing. The following excerpt from the TRAI's second consultation paper says: "The present exercise to restructure telecom tariffs primarily aims to link tariff formulation with some clearly specified principles, provide a consistent and transparent fiamework for tariff policy, simplify the prevailing system of telecom tariffs, and achieve cost based prices through regulation and/or competition." Our approach will be to look at some of the principles used in computing tariffs and explain and critique those choices.

Download or read book Regulatory Performance in India written by and published by The Energy and Resources Institute (TERI). This book was released on 2008-01-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Text: Regulatory performance in India: achievements, constraints, and future action contains the proceedings of six plenary sessions of an eponymous conference organized by TERI. It covers background papers, presentations, and the discussions held after each session.