INDIAN COMPETITION LAW UPDATE

Although the Competition Commission of India (“CCI”) became functional on April 1, 2008, several other provisions of the Competition (Amendment) Act, 2007 (“Competition Act”) have not been notified. According to the Indian legislative process, the Act, even though passed by the Parliament, has to be notified by the President of India to become functional. Section 66 of the Competition Act requires the dissolution of the Monopolies and Restrictive Trade Practices Commission (“MRTPC”), which to this point was the erstwhile competition authority in the country. This section has not been notified. As a result, there has been a multiplicity of regulators. The CCI has already begun seeing cases with is first formal complaint of “cartelization” coming from the Multiplex Association of India against the United Producers and Distributors Forum, Association of Motion Pictures and TV Program Producers; and Film and TV Producers Guild of India. However, the MRTPC is also continuing to take cases (at least 30 a month).

In addition, even though the merger control regulations, under the Competition Act, 2002 were issued in January 2008, they are yet to be enacted. As such there seems to be some overlap regarding the role of the CCI in merger regulations as well.

Camelia C. Mazard
202-589-1837
cmazard@dbmlawgroup.com