Mechanism for resolving jurisdictional conflicts between Competition Commission & Sector Regulators by the Supreme Court of India in CCI v. Bharti Airtel: A possible approach for the current EU cases in the digital sphere

Khandelwal, Pankhudi (2020) Mechanism for resolving jurisdictional conflicts between Competition Commission & Sector Regulators by the Supreme Court of India in CCI v. Bharti Airtel: A possible approach for the current EU cases in the digital sphere. Journal of European Competition Law and Practice, 11 (5 Jun). pp. 287-293. ISSN 20417764

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Abstract

The Supreme Court of India, while adjudicating jurisdictional conflict between Competition Commission (CCI) and Telecom Regulatory Authority (TRAI), has held that, in the first instance, TRAI has to decide the technical issues and once it finds prima facie case of anti-competitive behaviour, then only CCI gets jurisdiction to decide the anti-competitive issue. Such delineation of roles becomes interesting when compared with relationship between competition and sector-regulation in other jurisdictions especially in light of the recent Facebook case decided by the German competition authority. The Supreme Court has not taken into account the new problems that the mechanism proposed could pose.

Item Type: Article
Keywords: Competition | Regulation | Jurisdiction | Facebook | Cooperation
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 29 Dec 2021 05:02
Last Modified: 29 Dec 2021 05:02
Official URL: https://doi.org/10.1093/jeclap/lpaa025
URI: https://pure.jgu.edu.in/id/eprint/442

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