Enforcing Fair Competition In India: Evaluating The Boundaries Of The CCI And Outlining A Reform Roadmap
- IJLLR Journal
- Feb 1
- 1 min read
Vansh Vyas, BBA LLB, CHRIST University (Bengaluru)
ABSTRACT
The Competition Commission of India (CCI), created by the Competition Act of 2002, is India's flagship regulator for keeping an eye on and ensuring market competition. The CCI has made significant success in its endeavours against anti-competitive players and cartelized markets, but in this paper, there is a critical evaluation of its ability to resist the increasing evolution of anti-competitive practices. The critique, based on an analysis of its legal mandate, institutional design, sanctioning processes, and illustrative case studies—like the PVR INOX case, Google's Android case, and the Ultratech Cement cartel case—discloses major challenges faced by the Commission.
Major shortcomings noted include an ongoing shortage of specialist personnel, long procedural delays, insufficient penal measures, and a substantive absence of regulatory tools to fight effectively against digital market manipulation and consolidation through mergers. The absence of anticipatory, or ex-ante, regulatory action, particularly in rapidly evolving sectors like e-commerce, data-driven markets, and media consolidation, has exposed significant gaps in enforcement.
Drawing on comparative insights from jurisdictions such as the European Union and the United States, this paper argues for comprehensive institutional reforms to the CCI's structure and mandate. The report concludes that although the CCI is the cornerstone of India's competition law regime, it needs to undergo a deep transformation to remain in sync with the market and provide for level competition. Enhancing its autonomy, technical strength, and legislative support is crucial to successful and timely enforcement.
Keywords: Competition Commission of India, Competition Act 2002, digital markets regulation, merger control in India, cartelization and anti- competitive agreements, ex-ante competition regulation.
