Civil society bodies vital to development
Trade law centre for southern africa, April 29, 2011

By Frederick Njehu

Civil society organisations have been very instrumental in changing the face of the world. As much as they may not be as well resourced as their counterparts in the state and private sector, they have been known to utilise the few resources at their disposal to make a significant contribution to the society. More...

Merger Norms – Way to Economic Democracy
Business Standard, April 29, 2011

By Pradeep S Mehta

Merger regulations under the Competition Act, 2002 have always been controversial. Now that the government in its wisdom has announced June 01, 2011 as the date for operationalising them, Indian business has again voiced concerns over whether these norms would be a boon or a bane. Some concerns are valid while many are not. One of the principal aims of a competition law is to promote economic democracy by regulating anti-competitive practices and concentration, to ensure consumer and business welfare. More...

We're part of participatory democracy
The Economic Times, April 25, 2011

By Pradeep S Mehta

Much has been written about the successful campaign by Anna Hazare in raising the ante on corruption and getting the government to agree on the participation of the civil society in drafting the Lokpal Bill. Cynics and sceptics questioned the process on various grounds, including defining civil society advocates as self-appointed guardians of public interest and so on. More...

Resolving regulatory turf wars
The Financial Express, April 22, 2011

By Pradeep S Mehta

The Joint Parliamentary Committee and Public Accounts Committee are heading towards a collision on who will have the primacy to enquire into the 2G scam. The Speaker will settle the issue, and we wait with bated breath as to how she will do it. This is but symptomatic of turf wars that we have been witnessing among our regulatory authorities, which are more knotty than political. We, therefore, need to settle the framework to ensure that such conflicts on overlapping issues do not occur, as they are inefficient and invite unnecessary policy arbitrage. More...

A regulator for the fertiliser sector?
The Economic Times, April 13, 2011

By Pradeep S Mehta

Nowhere in the world does one have a 'fertiliser regulator' . Many, including civil servants, think that this is a ploy of manipulative civil servants to create post-retirement jobs for themselves. There is no doubt about such motives, but the idea is as ludicrous as the earlier proposals to set up regulators for steel, coal and so on. If there was an integrated regulator for the energy sector, one could understand that coal should also be handled by the energy regulator. More...

Should the CCI be abolished?
Business Standard, April 06, 2011

By Pradeep S Mehta

First, the procedure for selecting the chairman and members of the Commission needs to be re-examined. It should be ensured that it does not create parking lots for retirees from the government but attracts people who have the capability, competence and commitment to discharge the role that is envisaged for the Commission — which is to promote a healthy culture of competition in the country. Experiences from around the world tell us that one needs “champions” to take forward such regulatory bodies. Alas, this is not the case currently.  More...

Not exempt from trouble
The Financial Express, India, April 01, 2011

By Pradeep S Mehta

In spite of strong business opposition, the government has notified the merger regulations under the Competition Act, 2002, to be effective from June 01, 2011. In its wake, many have started clamouring for exemptions from this cover. Should exemptions be granted to any sectors? Once an exemption is given to one sector, there is nothing that can stop every industry from seeking the same exemption, which defeats the whole purpose behind the enactment of the Competition Act. This article lays out the pros and cons.  More...