Please see my paper at SSRN
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2049798
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2049798
Wednesday, May 2, 2012
Wednesday, March 7, 2012
Indian Railways under the purview of Competition Act
A single bench of the Delhi High Court has recently ruled that Indian Railways would come under the purview of Competiton Act, 2002. In Union of India v. Competition Commission of India, Ministry of Railways challenged an order by the CCI holding that Railways came within the ambit of Competition Act, 2002. It is interesting to note that Railways did not approach Competition Apppellate Tribunal, the statutory appellate authority, instead decided to apprach the Delhi High Court under article 226 of the Constituion. ASG Mr. Mohan Parasaran, who lead the railway side argued that Railways is not an enterprise under s. 2(h) of the Act as it is exercising sovereign functions. This contention was rejected by the Court on the basis of a plethora of decided cases mainly from the industrial law. The railways have already filed an appeal before the Division bench. The single bench decision is accessible at the Delhi High Court website.
A single bench of the Delhi High Court has recently ruled that Indian Railways would come under the purview of Competiton Act, 2002. In Union of India v. Competition Commission of India, Ministry of Railways challenged an order by the CCI holding that Railways came within the ambit of Competition Act, 2002. It is interesting to note that Railways did not approach Competition Apppellate Tribunal, the statutory appellate authority, instead decided to apprach the Delhi High Court under article 226 of the Constituion. ASG Mr. Mohan Parasaran, who lead the railway side argued that Railways is not an enterprise under s. 2(h) of the Act as it is exercising sovereign functions. This contention was rejected by the Court on the basis of a plethora of decided cases mainly from the industrial law. The railways have already filed an appeal before the Division bench. The single bench decision is accessible at the Delhi High Court website.
Monday, January 31, 2011
Prof. R.P. Anand passes away
Prof. R.P. Anand passes away
Prof. R.P. Anand passed away today (1st February, 2011. The funeral will be held at Lodhi crematorium, New delhi at 4.00 p.m. today.
Prof. R.P. Anand passed away today (1st February, 2011. The funeral will be held at Lodhi crematorium, New delhi at 4.00 p.m. today.
Sunday, July 25, 2010
Lectures on Indian Environmental Law and Policy
For my lectures on Indian Enviornmental Law and Policy please visit TERI University website. The link for the lectures is given below. You may have to log in as guest.
http://elearn.teriuniversity.ac.in/showcat.php?itemid=1&id=3&cid=12&show_intro=1
http://elearn.teriuniversity.ac.in/showcat.php?itemid=1&id=3&cid=12&show_intro=1
The Indian Competition Act: A Historical and Developmental Perspective
Abstract
The relationship between competition law and development continues to be a subject that excites many. The appropriate design of a competition law with developmental dimensions is a contentious issue. With the enactment of the Competition Act 2002, India joined the hundred odd developing countries that have adopted new competition laws over the last two decades. After a hiatus of seven years, substantive provisions of the Act have been notified recently. The Indian Act presents a perfect case study for the developmental dimensions of competition law. This paper explores the events that led to the enactment of the new law in India and analyses its provisions from a developmental perspective. The paper concludes that many of the provisions in the law may come in the way of the realization of developmental goals.
Available at: http://www.bepress.com/ldr/vol3/iss2/art8
The relationship between competition law and development continues to be a subject that excites many. The appropriate design of a competition law with developmental dimensions is a contentious issue. With the enactment of the Competition Act 2002, India joined the hundred odd developing countries that have adopted new competition laws over the last two decades. After a hiatus of seven years, substantive provisions of the Act have been notified recently. The Indian Act presents a perfect case study for the developmental dimensions of competition law. This paper explores the events that led to the enactment of the new law in India and analyses its provisions from a developmental perspective. The paper concludes that many of the provisions in the law may come in the way of the realization of developmental goals.
Available at: http://www.bepress.com/ldr/vol3/iss2/art8
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