DEALING WITH EXTRATERRITORIAL ANTICOMPETITIVE THREATS IN LIGHT OF THE FDI POLICY AND THE ‘MAKE-IN INDIA’ CAMPAIGN: ARE WE READY? .

Abstract

The liberalization initiatives in FDI Policy and the ‘Make in India’ campaign are likely to result in AAEC on markets in India as a result of activities originating outside India’s sovereign borders. The Note discusses numerous aspects of extraterritorial enforcement of Indian competition law, including the statutory source and scope of the powers of the CCI. The international competition/antitrust law enforcement system and the challenges of international cooperation have been discussed in an attempt to appreciate the gaps in evidentiary procedures between India’s competition law regime, civil procedures and the statutory counterparts of other jurisdictions. The authors explore a plethora of options available before the CCI in attempting to regulate activities that originate and take place beyond the borders of India: in particular, the system of Letter Rogatory recognized by the CCI (General Regulations), 2009; the Hague Convention on Evidence; and bilateral/multilateral arrangements, and attempt to weigh the benefits and pitfalls of each of those options – including charting their viability and effectuality in varying situations.