Competition Regulator Vs. Sectoral Regulator

Raja Emani
Assistant Professor
Faculty of Commerce and Management
Kalinga University
Raipur
raja.emani@kalingauniversity.ac.in

The advent of globalization and liberalization has brought a critical mindfulness towards
enhancing the engaged policies in making economies, for instance, India. As of not very far in
the past, most of the emerging countries have worked without a coordinated competition
regulation, and have legitimized the interventions by the State over economic attributes. The
Indian Competition Law has been taken from two overwhelming norms – the US Antitrust Law
and the EU Competition regulation. It was believed that till 1975, these were the only vital two
regulation models accessible; in any case, India had a Sui Generis model of competition
regulation in 1969 as Monopolies and Restrictive Trade Practices Act.
India chose Competition regulation that was organized to further develop customer protection
through managing the challenges and issues in the smooth conduct of the business.
Accordingly, the Law has gone through with the prelude of forestalling business practices
affecting competition, in advancing and sustaining healthy competition in the market, in
safeguarding the interests of consumers and lastly, to guarantee opportunity of trade among
players across different markets, in India, and for issues associated therewith or incidental. The
Competition structure directs the players in the market – the don’ts, while sectoral regulators
act on the inverse and teach market specialists – the dos. The differentiations in the procedures
and ways of managing competition matters might bring about fluctuating outcomes, in a way
creating turmoil for stakeholders.
Since the concept of competition law and sectoral controllers reflect varying assumptions about
government intercession into the market activities, justifying their effect on industry behavior
is frequently troublesome. The competition regulations are agonizing omnipresence, with
unavoidable, practically construed importance in our statute. Sectoral regulators might displace
the competition regulator and explicit industries for reaping and tampering competition.
However, at the edges, the essential purposes svelte out and the anti-trust regulations govern
in the hindsight. At this stage, it is very difficult to merge the policies contrasting into standard
rigid regulation preserves the distinct values of both.