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Study Report

December, 2007 National Law School of India University (NLSIU), Bangalore

The study on “The Teeter-Totter of Regulation and Competition: Why Indian Competition Authority Must Trump Sectoral Regulators” was commissioned to National Law School of India University (NLSIU), Bangalore. The overall objective of the study was to analyze the relationship between sector specific regulators and competition authority in India. The study suggests that as per the present legislative framework, sectoral regulators and competition authority may co-exist, competition authority ought to trump sector specific regulators since, unlike Competition Authority, sectoral regulators lack any mechanism (e.g. private enforcement and damages) to ensure consumer welfare.

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November, 2007 ICRIER

The study was commissioned to ICRIER on “Competition Clauses in Bilateral Trade Treaties: Analysing the Issues in the Context of India’s Future Negotiating Strategy”. The overall objective of the study was to assess the benefits of incorporating competition clauses in bilateral/regional/multilateral trade agreements with focus on the impact of having competition law cooperation on trade on major sectors of the Indian economy and the experience of countries party to such trade agreements with competition provisions. Report Suggests Guidelines in inclusion of Competition Clauses in RTAs

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June, 2007 The Energy and Resource Institute (TERI).

The study was commissioned to The Energy Resource Institute (TERI) with the main objective to assess the level of competitive activity in India's railways and port sectors and also to identify barriers to entry and review alternative regulatory frameworks for these transport sub-sectors in light of the relevant international experience.The study highlighted limited level of competition in the container movement. Study also highlighted that procurement in Indian Railways suffers from anti-competitive practices like cartelization and bid rigging. From the study, it is seen that the policy of reservation towards PSUs reduces the competition which is against the best interest of Indian railways. In case of Indian Ports, several factors like insufficient hinterland connectivity, associated transport cost, inadequate availability of infrastructure at the competing port and quality of service offered by the alternative port restrict inter-port and intra-port competition. Study suggests that government needs to revisit some of the clauses of the model concession agreements in light of their impact on competition in the sector

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April, 2007 National Council of Applied Economic Research (NCAER).

The study on “State Policies Affecting Competition: Passenger Road Transportation Sector ” was commissioned to National Council of Applied Economic Research (NCAER). The main objective of the study was to assess the state of competition in passenger transportation and to suggest measures to enhance competition and better services to the passengers. The study proposed a model for development of the sector.It recommends a major departure from the prevailing system by the introduction of competitive tendering for services on commercial routs. For non-commercial routes, it suggests a competitive subsidy bid process. Monitoring of the franchises will rest with the regulatory authority. 

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March, 2007 Jawaharlal Nehru University, New Delhi

The study was commissioned to Jawaharlal Nehru University, New Delhi with an objective to understand the structure of the Tyre and Paint sectors to gauge the state of competition in these sectors. The basic premise of the study was that the information obtained would serve as a guide to the CCI in terms of the quantification of parameters that could be used to assess anti-competitive behavior. In addition, the study would also serve as a guide to the state of competition in these sectors. Since there was some indication of anti-competitive behaviour in the Tyre industry, a limited survey of tyre dealers was carried out to see what anti-competitive practices are used by manufacturers. While the survey is limited, there are indications that manufacturers use resale price fixing, exclusive supply arrangements and tie-in arrangements to bind dealers to their conditions. 

March, 2007 Institute of Economic Growth (IEG), New Delhi

The study on “The State of Competition in the Indian Manufacturing” was commissioned to Institute of Economic Growth (IEG), New Delhi. The overall objective of the study was to assess the State of Competition in the Indian Manufacturing Sector. It was also intended to study the state of competition- actual and potential - including three aspects of competition namely structure, conduct and performance, to analyse industry structure to have an idea about actual competition in the sector, qualitative analysis of existing policy barriers and industry/firm level practices that may be deterring the entry of new firms and thus restricting potential competition, and analysis of performance indicators both at firm and industry level. Empirical analysis of the study suggests that there remain many policy regulations acting as barriers to competition. Empirical evidence also indicates that policy reforms that have been undertaken in the Nineties did succeed in triggering dynamic forces of competition reflected in the industry restructuring toward larger scales of operation and consolidation through capacity building and mergers and acquisitions. Market structure, however, did not seem to change much.

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March, 2007 Jawaharlal Nehru University, New Delhi

The study was commissioned to Jawaharlal Nehru University, New Delhi with an objective to understand the structure of the Cement and Pesticides sectors with a view to gauge the state of competition in these sectors. The basic premise of the study is that the information obtained would serve as some guide to the CCI in terms of the quantification of parameters that could be used to assess anti-competitive behavior. In addition, the study would also serve as some guide as to the state of competition in these sectors. The study indicates that there is some evidence of price fixation and market sharing agreements in the sense of Section 3(3)(a) and 3(3)(c) of Competition Act, 2002. This however, merits further investigation.

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September, 2006 University of Mumbai

Competition Issues in the Road Goods Transport Industry was commissioned to the University of Mumbai to examine and understand the nature of competition and competitiveness in the road goods transport industry.The overall objective of the study was to analyze the competition issues in the Road Goods Transport Industry in India with special reference to the Mumbai Metropolitan Region. The study emphasizes the importance of elimination of regulatory and physical barriers which can pave the way for a seamless national (single) market to begin with. The study also recommends that state governments should carry out competition audit of existing regulations especially those providing for the present system of checkpoints administered by the States and with a number of agencies (which involve restrictions on flow of commodities, the fiscal regime, etc) to determine the need for their continuation.

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The Energy and Resource Institute (TERI)

The study on “Competition in India’s Energy Sector ” was commissioned to The Energy and Resource Institute (TERI). The overall objective of the study was to assess competition issues in India’s energy sector comprising of electricity, oil & gas and coal sectors. Study shows that in India, there is limited competition in the energy sector. Private participation is very limited in all forms of energy (electricity, oil & gas and coal) and sector is completely dominated by state own public sector companies. Private participation and investment in energy (electricity, oil & gas and coal) continue to be below expectations. Reasons for limited competition can broadly be attributed to structural issues, policy and regulatory issues, barriers to entry, lack of level playing field, abuse of dominant position, and institutional issues.

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