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...
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