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Note
This
is a compilation of recommendations from various presentation and also the
suggestions given by the participants in the last session of the workshop.
We
invite comments and suggestions from all the participants, inclusive of inclusion
and deletion of any recommendation.
Please
do not hesitate to even change the language or wordings in the recommendations,
if you so feel.
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Institutionalise
the National Development Council: headed by a council of chief ministers
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Globalisation
is a fact, you cannot shirk it and so learn to accept it – demystify issues
and disseminate it for easy understanding of all.
·
Consumer organisation, governments and regulators
to undertake the task of disseminating information relating to competition
in a simple manner. More participation by civil society also required.
·
Penalty structure needs reconsideration; criminal
liability should be there in case of cartelisation coupled with leniency programme
and protection to whistle blowers.
·
Unfair Trade Practices (UTPs) should not be
transferred from Competition Law to COPRA. There may be concurrent jurisdiction.
·
Interface issues such as competition vis-à-vis
regulatory commissions should be clearly identified and the competition law
should have appellate jurisdiction in this area, drawing from the UK experience.
·
The IPR provisions in competition law needs
reconsideration; flexibility provided under TRIPs could be optimally used
through competition law.
·
Provision in the competition bill regarding
policy intervention from the central government should be withdrawn.
·
Exemptions and exceptions from the competition
law should be well debated and should not be used as a populist measure by
the government.
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The Competition Authority should have a mix
of technical and judicial people
·
Competition Law should balance between consumer
interests and business interests
·
Definition of consumers in the competition
law should be broadened; education and accounting should be included in services;
shares before allotment should be considered as goods
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Two bodies could be set up for implementing
competition law; one for investigation/prosecution and the other for adjudication
like the South African or U.K model, in order to separate administrative &
prosecutorial and judicial functions
·
There should a compulsory and regular competition
audit in different sectors
·
Enhance bi-lateral cooperation with relevant
competition authorities in order to combat cross-border abuses
·
Give more teeth to the competition authority
vis-à-vis M&As having international spill overs, and other cross-border
competition abuses
·
Multilateral competition rules are needed with
our without WTO to curb cross-border abuses where bi-lateral arrangements
fail or are difficult to enter into
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Greater participation by civil society in the
regulatory process required.
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Funds to be made available to build capacities
of consumer organisations to understand and comprehend issues related to infrastructure
regulation.
·
Consumer organisations to disseminate information
to grassroots to ensure greater involvement of people in the reform process
and to create a questioning society to ensure transparency in the system,
leading to better governance.
·
Need to sensitise all stake holders inclusive
of bureaucrats and politicians on the issue to ensure some degree of unanimity
vis-à-vis the reform process and to ensure that populist policies are avoided.
·
We should have cohesiveness in our policies
– state and national
·
While large scale privatisation is required
to ensure investments in the system, an environment needs to be created to
instil confidence of the investors; independent regulatory framework, reductions
in theft of power, improvements in plant load factor etc.
·
Quality of services to be addressed – consumer
satisfaction survey to determine standards of services.
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Telecom Sector: Tariff increase must be linked
to quality of services
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Remove barriers to competition
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Not free but reliable electricity
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All regulatory laws should have a common approach
with defined consumer interest as an object and purpose
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Regulatory authorities should not be a resting
ground for retired judges and bureaucrats. Better compensation to attract
suitable talents to the regulatory authority be considered
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Free
flow of Movement of Natural Persons to be allowed in order to remove asymmetries
in the commitments between different modes of supply.
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Remove
barriers for the free flow of natural persons on the ground of `economic
need’, `recognition of degree’ and other administrative problems such as
`restrictions in visa’.
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Respect
autonomous liberalisation
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Respect
negotiating guidelines and procedures
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India
should strengthen its endeavour to increase the export of services through
electronic commerce
·
For better negotiations at the WTO, qualified
persons and civil society representatives should involved on a wider basis.
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Enhance domestic environment for attracting
as well as absorbing investments, foreign as well as domestic – good governance,
emphasis on infrastructure, macroeconomic stability and commitment of the
state to social development.
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Establish an institutional base for attracting
and regulating investments
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Enhance micro level expertise such as drafting
good investment contracts
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In
order to regulate FDI, take into consideration its long term impact along
with its short-term gains.
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Develop
a strong competition policy
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