Latest Article

COMPETITION LAW AND THE RAGHAVAN COMMITTEE REPORT

Courtesy/By: Amulya Bhat | 2019-06-03 18:33     Views : 560

Competition law is an area of law which promotes or seeks to maintain competition in the market. This law is enforced through private and public enforcement. In the united states it is also known as Antitrust laws. But even after a decade of regime of new competition law, there is no clear policy consideration in respect to the regulation of competition in India. The confusion in the gap of law and policy framework is mainly due to non-implementation of national competition policy. Even after number of sequences of draft proposals, the objectives of competition policy have not been clearly stipulated.


The Raghavan Committee Report on Competition law, the main objective of the competition law and policy is to maximise efficiency and promote welfare. The problem that persists here is the concept of efficiency and welfare has not been clearly mentioned or defined. Efficiency can be an Economic and Non-Economic concept, or it can also be Productive efficiency; allocative efficiency etc. On the other hand, welfare can be public welfare or a private welfare.


This issue has also been a matter of debate in other jurisdictions as well. While the European union is still debating whether non-economic objectives can be included in the competition policy, The United States have settled with consumer welfare being an objective of competition policy. In India, there is
no debate for establishing and considering the objectives of the policies in competition laws. Consumer welfare has always been an objective of Competition law policies. However, there is a need to change the policies in competition law such as it acts as an element that would stipulate the objective of competition law in India. There is a lack of strong policies and its implementation in India. There is also lack of clarity in the objective of the policies and hence, developing an indigenous thought of the purpose and objectives of the law would make it relevant to the present times especially in the environmental, cultural and social realms in India.

Courtesy/By: Amulya Bhat | 2019-06-03 18:33