Workable Model for Resolving Jurisdictional Issues Between the Patent and Competition Authorities
Abstract
There have been upswing cases of conflict of jurisdiction between the Competition Commission of India and sector specific regulators
over the past years which has enthralled the judicial intervention by the writ courts. The CCI has been effectively implementing its chief
provisions relating to the prohibition of anticompetitive agreements, abuse of dominant position and that of regulation of mergers and
acquisitions. It has been noted that there has been no major issues with regards to the speed of regulation of merger and acquisitions by the
CCI but the enforcement of the provisions relating to anticompetitive agreements and abuse of dominant position have been blemished
with recurrent challenges on grounds of sectoral overlaps or forum shopping between the CCI and Sector specific regulators (Controller of
Patents, Copyright Boards, financial securities and insurance, electricity, telecom & petroleum sectors). The tussle between the CCI and other
sector-specific regulators have raised serious jurisdictional concerns. Although, these regulators have common goals, but their means of
achieving their ends are different which causes disruption. The higher judiciary have thereby played a momentous role in resolving the conflict
of jurisdiction.
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