Challenges in the Working Mechanism of the Competition Commission of India: A Study Through Judicial Pronouncements

The Competition Act, 2002 marked a genuine paradigm shift in Indian economic regulation — from a size-based, punitive approach to a conduct-based, effects-focused regime. Yet two decades on, this dissertation finds the implementation of that promise incomplete: jurisdictional ambiguity, reactive adjudication, and inadequate adaptation to digital markets continue to limit the Competition Commission of India (CCI).

The higher judiciary has been central to the development of Indian competition law. From procedural safeguards to penalty frameworks and institutional design, landmark pronouncements — rather than legislative design alone — have shaped how the CCI investigates, grants interim relief, and imposes penalties. But judicial correction is by nature piecemeal; it cannot substitute for comprehensive legislative reform.

The study identifies the CCI's interface with sectoral regulators as a continuing structural deficiency. The sequencing rule framed in Bharti Airtel has not been extended beyond the telecom sector, leaving overlapping jurisdictions to generate litigation, delay and regulatory arbitrage. The digital economy compounds these problems: algorithmic collusion, data-driven market power and platform self-preferencing strain a framework designed for traditional markets — though the Competition (Amendment) Act, 2023 provides a useful foundation to build upon.

The dissertation concludes that a holistic reform programme — legislative, institutional and procedural — is both necessary and feasible: a clear statutory interface with sectoral regulators, a strengthened penalty and leniency framework, and real capacity for digital-market enforcement. Such reform would transform the CCI into a proactive and internationally respected competition agency, to the ultimate benefit of Indian consumers.