Site Last Updated: January 08, 2014

 

 

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CIRC Announces Online Certificate Course on Law and Practice of PPPs.

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 International Training Progammes

CIRC conducts trainings on Competition Law for Malaysia Competition Commision.

June 08-09, 2013, Malaysia

 Project Highlights

Competition and Public Procurement- The Case of Health and Primary Education Sectors submitted to ICSSR.

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September 2013

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September 2013

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The Financial Express, November 22, 2013

Six Months PG Certificate Course on Law and Economics of Public Private Partnerships (PPPs)

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CIRC Working Papers

 

 

  • Working Paper 08 (2013): (In)competitive Regulatory Policies in the Road Transport Sector, India

      

    Udai S Mehta

    Indisputably, infrastructure plays a momentous role in advancing economic development. One may say growth of infrastructure is directly proportional to economic development and vice versa. It is also understood that for systemic development of any sector, compliance with competition policies is absolutely necessary.
    This paper focuses on the road sector of India. The paper brings out the current climate of the Indian road sector and puts forth suggestions to amend the same. The paper revolves around the inefficient regulatory policies which daunt competition and consequently impede the sector’s growth.
    First, the main factors which negatively affect the sector’s growth have been enlisted. Second, an analysis of the issues and suggestions to rectify the same has been mentioned. The paper strongly advocates for an independent, statutory road transport regulator, where the main function of the regulator shall be ensuring a level playing field, ensure service coverage across regions and providing mechanism for compensation for discharge of universal service obligations and promote competition. The paper also advocates for reforms of State Transport Undertakings and tendering processes in the sector. Further, the study moots for creation of a seamless market by reducing multiple checkpoints and harmonizing inter-state policies. The paper also stresses on the importance of dealing with issues pertaining cartels by the Competition Commission of India.
     

     

  • Working Paper 07 (2013): Manoeuvres for a Low-Carbon State in India: Identifying Agency, Authority and Accountability in Governance of Clean Energy Development

      

    Ashwini K Swain

    More recently, India has been claiming to undertake a transition to a low carbon electricity sector. This alleged transition comes as a response to a range of competing agendas and simultaneous constraints in energising development without compromising the climate. The transition is based on two strategies involving renewable energy development and promotion of energy efficiency. India has been following a ‘market‐plus’ approach based on the narrative of co‐benefit. Consequently, a set of new actors have emerged to implement these strategies and gain from it. These actors are not confined to lobbying and advising national government in creation and implementation of rules; rather, they frequently become agents of change in that they substantively participate in and/or set their own rules related to clean energy development.
    This paper identifies these agents of change and their authority and accountability within the clean energy governance structure. It aims to find out the level of influence exerted by these agents on India’s strategy and action on clean energy development and thus its capacity to reduce GHG emission. By focusing on the role of agency, authority and accountability in governance of clean energy, this paper unpacks the neglected question of what forms of state capacity and political strategy are needed to low-carbon development within Indian electricity sector.
     

     

  • Working Paper 06 (2013): Infrastructure Investment: A Trillion Dollar Question

      

    Arvind Kumar

    Infrastructure deficit severely constrains growth and development. 12th Five Year Plan has envisaged an investment target of U.S. 1 trillion dollar to overcome India’s infrastructure deficit. This paper provides an analysis of existing sources of finance and cautions against excessive reliance on bank credit. India faces a substantial financing gap which needs to be bridged by domestic as well as foreign private sector investments. Predominant providers of infrastructure finance are public sector banks. Tapping new revenue streams and innovating with sources and structures for finance is vital.
    The gigantic task of financing infrastructure investment during the 12th Plan would require a shift from the traditional mode of bank financing towards other modes. Investment policies and regulatory guidelines for insurance companies, pension funds, mutual funds, banks and other financial institutions need to be sufficiently flexible for these entities to choose an appropriate risk-return profile within fiduciary constraints. In facing the challenge of infrastructure financing, the problem is not of inadequacy of financial savings but lack of financial intermediation capable of mobilising and channelling domestic financial savings into infrastructure in a manner that does not create risks associated with the traditional bank financing mode
     

     

  • Working Paper 05 (2013): Why India Needs a Robust Competition Policy Framework?

      

    Archana G Gulati

    The urgent need for regulatory reforms and strengthening of our governance capabilities has been highlighted by recent events. Everyday newspapers carry reports about alleged ‘scams’ while their editorials bemoan the present policy ‘paralysis’ with its obvious negative impact on economic activity. One area where policy and regulation can have a tremendous positive impact is the institution of a comprehensive competition policy framework. The draft National Competition Policy (NCP) holds great promise to promote good governance leading us away from damaging effects of rent seeking behaviour and towards the benefits of accountability, transparency, equity and rapid and inclusive economic growth. This article highlights the key provisions of the NCP and strives to demonstrate how implementation of these stipulations, supported by National Competition Rules (NCR) can effectively transform the quality of our governance.

     

  • Working Paper 04 (2013): Is There a Case for Essential Facilities Doctrine in India?

          Jaivir Singh

Competition in market is frequently defined as a process of rivalry with the objective of garnering higher market share or more profit. The outcome of a competitive process is expected to result in lower prices, higher output, better quality and innovation. Sometimes, the competitive process faces obstacles when a market player does not have access to certain facilities without which it cannot compete effectively. These are known as ‘essential facilities’. The duty to share is mandated by the essential facilities doctrine. This doctrine imposes on firms, that control an essential facility, ‘the obligation to make the facility available on non-discriminatory terms.’
Though EFD has been incorporated in the telecom, electricity and oil & gas sector, however, in the case of the issue of access to medicine, pharmaceutical sector, and networking goods, the guidelines are either not present or are inadequate. It is in this backdrop that this paper examines the viability and justification of invoking and implementing the essential facilities doctrine in India. The paper also outlines EFD in other jurisdictions and emphasis on the need for an advancing role of the competition regime to promote and effectuate the doctrine in India.
 

 

             Pradeep S Mehta & Udai S Mehta

India has an ancient history of consumer protection. Kautilya’s ‘Arthashastra’ which was published in 4th century BC, was the basic law of ancient India which postulated the need for consumer awareness and protection. Ideally, market dynamics should ensure that the interests of the consumer and the interest of the provider of goods or services are balanced. However, markets do not always function ideally and are often characterised by one or more elements of failure. Given that, economic interests of powerfully organised producers and inadequately organised consumers often clash at the level of the industry, there is a case for regulators which not only takes into account views and interests of all stakeholders but ensure that consumers have the opportunity as well as capacity to voice their opinions regarding the conduct of regulation and supply of the services.

It is in this backdrop, the paper examines and elaborates the importance of consumer participation in infrastructure regulation through information exchange between regulators and consumers; consultation with consumers; and facilitating partnerships. Besides, the paper through examining the electricity reforms in India, outlines the importance of having an independent regulator for each sector and demonstrates that consumer participation is limited not because of the absence of regulatory provisions but of necessary information, human capital and training facilities and programmes.
 

          S Sriraman

Over the years, road transport sector has emerged as a dominant mode of transport accounting for about five per cent of India’s GDP. However, the road transport sector is beset with problems. Growth in vehicular population above 10% per annum has out stripped the modest growth in expansion of road network leading to severe congestion on many stretches of National/State highways. Besides, high growth in motor vehicle population has inflicted negative externalities on the society in the form of rising pollution, road accidents and time loss in commuting due to congestion. Over the years the share of buses in the vehicle population has fallen from more than 11% to barely 1% as a result of growth in personalised motorised mode (two wheelers and cars). Road transport being a State subject has led to complex and diverse regulations in terms of motor vehicle taxes, permit fees, passenger taxes etc. across the States making interstate operation of buses problematic.
In this backdrop, the paper examines the elements of the existing policy and a regulatory framework that ought to be in place for public passenger bus transport. Besides, the paper outlines the international experience of regulation and deregulation to offer some lessons for India. The paper acknowledges that recent initiatives by both the central and state governments, like JNNURM and Bus Rapid Transit System, are innovative approaches to address the derelict state of urban bus passenger transport in India

            Santadarshan Sadhu, Kenny Kline & Justin Oliver

 

 

 

The paper analyses the growth and development of Microfinance institutions (MFIs) in India. Currently MFIs serve 31.4 million clients with an average loan size under ₹ 10,000 and ₹207.5bn loans outstanding. Yet, proper regulation had largely been missing for MFIs leading to abuse of the consumers. In this context, the paper examined the Micro Finance Institutions (Development and Regulation) Bill, 2012 from consumer welfare perspective. The Bill aimed to make financial access easier for consumers and regulate abuse of dominance of MFIs. However, authors find, the Bill lacks an integrated regulatory approach including RBI and other relevant market players.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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