The report is a laudable and progressive step for the competition framework of the country. The recommendations are a call for clarity and reasoned analysis in the Indian competition landscape. The recommendations, if incorporated in the Bill, will ensure the protection of innovation nuanced analysis by the CCI as well as enhance compliance with competition law in the country. The Dialogue is grateful to the committee for acknowledging and addressing the concerns that have been highlighted by us and the competition community at large.
However, there is still scope for further clarity, especially pertaining to settlements and commitments and the definition of ‘control’. The recommendation to allow third parties to file for compensation claims on the basis of a settlement order also needs to be reconsidered in light of its potential implications for the parties involved. Furthermore, deliberations on whether ‘decisive influence’ would be a more appropriate threshold in the definition of ‘control’ are required.
Response prepared by: Saksham Malik, Bhoomika Agarwal
