Beyond Terrestrial Boundaries: Developing India's Antitrust Framework For The Commercialized Space Sector
- IJLLR Journal
- 4 days ago
- 1 min read
Ashish Panda, CHRIST (Deemed to be University), Bangalore
ABSTRACT
India’s space industry is undergoing significant change. The Indian Space Policy 2023 broke the state’s decades-long monopoly, opening commercial opportunities and enabling private participation. While the Competition Act 2002 is theoretically suited to space activities, its design needs recalibration for a commercial space economy. The shift from ISRO’s centralised control to a market-driven environment has resulted in concentration tendencies: NewSpace India Limited retains a dominant position in launch services, aided by special access to government facilities. In FY 2024–25, NSIL’s income exceeded ₹3,246 crore, yet only 10 of 285 IN-space applications were dismissed, indicating persistent entry barriers despite liberalisation.
By analysing statutory frameworks, market structures, and international precedents, this study highlights regulatory gaps in managing scarcity of orbital resources, network effects in satellite constellations, inequalities in technology transfer, and concentration in space insurance markets. It proposes a reform agenda: (i) clarify competition law to address space- specific commercial activities; (ii) develop sectoral competition guidelines; (iii) enhance coordination between IN-space authorities and the CCI; and (iv) engage in cooperative international regulatory mechanisms.
The framework shifts from reactive enforcement to proactive policy. Given high capital thresholds, limited orbital slots, and dual-use technologies, concentration can emerge rapidly and become self-reinforcing. As India aims for a significant share of the projected USD 1 trillion global space economy by 2040. A robust antitrust regime is both a regulatory necessity and a strategic imperative to promote innovation, efficiency, and equitable economic gains.
Keywords: Indian Space Policy 2023, Competition Act 2002, Market concentration, Orbital resource management, Proactive antitrust reform.
