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   Jan-March 2017
Vol 11, Issue 05 | About Us | Careers | Contact
CIRC DashboardDistinguished Lecture on
"Major Trends in Global Enforcement of International Cartels" by Prof. John M. Connor

Major Trends in Global Enforcement of International Cartels

CIRC in collaboration with CUTS International conducted a distinguished lecture on “Major Trends in Global Enforcement of International Cartels” on 1st March, 2017 in India International Centre, New Delhi.

Prof. Connor specialises in empirical research in industrial economics and competition policy. Since 1997 the focus of his research has been international price-fixing cartels and world-wide enforcement of price-fixing laws. The distinguished lecture gave the participants an opportunity to learn about various aspects of international enforcement directed at cartels. Presentation slides of the lecture can be accessed at: Among others, large number of young competition lawyers attended the lecture. Mr Pradeep S Mehta, Secretary General, CUTS International welcomed the dignitaries and underlined the importance of robust enforcement against cartels, as being one of biggest civil crimes in a market economy. Commending the endeavours by CUTS in the field of competition law and policy, Prof. Connor gave interesting instances and cases on global cartels while sharing his research experience.

Highlighting the challenges and solutions, Prof. Connor stressed on proactive cooperation between competition authorities to check global cartels. ‘One of the major problems faced by competition authorities is that they don’t get cooperation from countries in acting against global cartels’ he observed. He said that dangers of over-deterrence of cartel fines are exaggerated and under-deterrence of cartelisation is the norm generally. Post lecture discussion moderated by Mr Mehta involved eminent competition law experts including Amitabh Kumar, a senior competition lawyer and former DG, Competition Commission of India.

With reference to the first leniency case in India, Mr. Kumar highlighted the need for a clear leniency and penalty regime for competition enforcement in India, and therefore there is a need for a clear set of guidelines for the same. In his vote of thanks, Mr. Mehta concluded that robust enforcement mechanisms are needed to control cartels and optimal cartel fines need to take into account the consumer harm so as to ensure the welfare of consumers. “We have been highlighting this every year during the observance of the World Competition Day on 5th December”, he said. “Next year, we will highlight the need for global cooperation and also raise it at the forthcoming ICN meeting in Porto, Portugal”.

CIRC Dashboard Latest Publication

Latest PublicationFuelling growth with corporate bond, Business Standard, 6th March 2017.
External web link is

Abstract: Globally, the availability of finance from banks and financial institutions is shrinking. With hardening of the prudential norms under the Basel regime, a substantial part of the much needed long-term finance, both equity and debt, would have to come from the capital markets. For India to achieve a higher economic growth rate and invest heavily in infrastructure, reliance predominantly on banks with challenged balance sheets will not be adequate.

CIRC DashboardPapers Published

Latest Publication Saket Sharma, Senior Fellow CIRC, presented a paper in the National Conference on Competition Law and Policy: Problems and Prospects organised by Indian Law Institute, New Delhi and Competition Commission of India on 18th and 19th March, 2017. The paper titled Evolution of Intellectual Property and Competition Law Interface: Analysis and Prognosis of the Legal Framework in India, discussed the evolving IP and competition law interface in India while highlighting the current challenges which emanate from the sketchy legal framework. The paper analyses as to how competition law regulates IP to check the related anticompetitive practices in India and the related challenges faced by the nascent Indian regime in definitional, jurisdictional and respective remedial levers.

CIRC DashboardOngoing Projects

◤Manipur Project
CUTS Institute of Regulation and Competition (CIRC) through its think tank Global Initiative for Sustainable Infrastructure (GISI) has undertaken a research assignment to test the feasibility of developing an integrated tourism hub at the Loktak Lake in Manipur though PPP (Public Private Partnership) mode. The proposed tourism hub will host independent and mutually beneficial facilities like exhibition halls, convention centres, banquet halls, auditoria, arena, financial centre, hotels, food & beverage (F&B) outlets & retail services. In the surrounding vicinity of the hub, other facilities such as traditional market for handicrafts, local food joints, ethnic wear stores and other related cultural and traditional shops can be set up.
The project is envisioned to be developed through an optimum Public Private Partnership model with support of viable gap funding if required. The proposed centre can become a key facilitator in making Manipur a key destination in NER India under the MICE (Meetings, Incentives, Conventions and Exhibitions) destination category.
Project Goals:
The objective of the research is to assist the government of Manipur to establish an integrated tourism hub through PPPs which would create direct and indirect job creation for the people of Manipur through the following activities:

◤Odisha Project
Water and sanitation sector has several impediments marred when it comes to private sector participation. The constraints are from all stakeholders in the value chain such as supply side, demand side and from community. While local bodies/gram panchayats face major problems in financing the projects for asset creation and service delivery, there is apprehension about private sector participation on a very sensitive social need. Fear of ownership, consumer perception on water service delivery as a free service is one of the major cause of concerns. There are constraints because of political sensitivities and activism of select NGOs/CSOs on social vs. capital issue which makes it even harder for the entry of private players in this sector
Thus, there is a need to create a structured approach for enabling private investment to the sector, including training and capacity building for the state units. This research is an initiative to focus on identifying various PPP models and structures which can be successfully implemented in water and sanitation sector. The pilot state identified for the study is Odisha. The study would majorly focus on rural and semi urban centres with a cluster approach to provide for a minimum economic size of 50-75,000 population. However, as we enter the first phase, other states could be added depending upon the response of the respective governments.
The objective of the project will be development of sustainable and inclusive PPP model through promotion of People first PPPs. The model will focus on development of infrastructure assets and the delivery of associate services that specifically focus on the poor and the under serviced sections of the society.

◤CompIP Project
CUTS Institute for Regulation & Competition (CIRC) along with CUTS International is undertaking an empirical based research to advocate for constructive policy and regulatory reforms in the IPR regime in order to foster innovation and competition. This research is envisaged to facilitate promotion of a balanced IP regulatory framework that promotes and advances technological innovations, resulting in benefits to consumers and producers in India. Currently, the CompIP research programme is for a period of 3 years culminating in September, 2018, and will provide a sustaining platform for discourse and discussions involving different stakeholders from industry, government, regulators, academia, media, etc.
During the first phase, CIRC organised the launch conference for this project in March 2016. A roundtable discussion on Growth of ICT Sector in India: Issues and Challenges pertaining to SEPs was organised on August 22, 2016 in New Delhi and was attended by government officials, CCI official, industry players, academicians researchers and other experts in the field. For the second phase of the project, a lot of activities are lined up for year 2017. These activities include: distinguished lecture by international expert, faculty development programme (FDP), policy dialogue workshop and research in the area of IP and competition law.

◤Research study on latent Power Demand assessment for the state of West Bengal
The demand projections made by discoms (Distribution Companies) are based on actual units consumed and a projected rate of growth of demand for each category of customer, based on past trends. They are made assuming the limitations of the existing distribution/transmission network. The latent demand from a population is left without service by the existing network, or from areas provided limited energy due to network limitations, do not figure in the demand projections. Another issue with the demand projections is that the power distribution utilities, due to flawed methodologies are not accounting the actual power consumption correctly, courtesy the faulty metering status and impairments arising due to improper feeder segregation.
CIRC will do a comprehensive study for the state of West Bengal to find out the following:
1. Regional power demand build up and drivers-split based on State-level basis
2. Assess the “Power deficit” and power demand-supply scenario for West Bengal
3. Understand the variable dynamics of power industry under changing regulatory paradigm
4. Design a factor analysis framework to determine latent power demand through identification of critical parameters and assigning right weightages.

Upcoming Events

◤Round-table discussion on 'Sustainability of Business vs. Sanctity of contracts' on 24th June 2017. The event is in furtherance of the debate which arose following the Supreme Court judgment passed in April 2017, denying compensatory tariff to Tata Power Co. Ltd and Adani Power Ltd. against increase in cost of coal imports from Indonesia. The aim is to initiate deliberations on key issues of significance.

Panel Discussion on “Interplay of law and economics in judicial interventions”:
A large section of society feels that the broad aspects of economic development are not fully appreciated while pronouncing judgments through purely legal interpretation.The panel discussion is an attempt to bring law experts, regulators, civil society organizations and economists on one stage and facilitate the discussion on these lines. Details of this event will be shortly published on our website.


For more information contact:
   CUTS Institute for Regulation & Competition (CIRC)  
D-72, First Floor, Hauz Khas  
New Delhi - 110 016, India  
Ph: +91 11 26863022/23, 41621232  

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