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Regulatory bodies

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April 12, 2018

Do you think the GoI’s recent decision to downsize the members of Competition Commission of India would enhance its efficiency? Comment (200 words)

Refer – Business Standard

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IAS Parliament 7 years

KEY POINTS

·        The Union Cabinet recently approved rightsizing of Competition Commission of India (CCI) by halving the number of its members.

·        CCI currently has a chairperson and 6 members. With the recent downsizing, it will now have a chairperson and 3 members.

·        But, a reduction in members is less likely to serve the perceived cause of efficiency and may prove counterproductive due to various factors.

·        Process - The paperwork and processes that are required for companies to file for approvals remain voluminous.

·        How efficiently can a small CCI take up these is highly uncertain.

·        Decision making - If 7 members widened the scope for dissent, a quorum of 4 hardly diminishes it.

·        The question of a possible 2:2 tie and a deadlock in decision remains unaddressed.

·        Moreover, the law defines the chairperson as a member. So, the issue of a casting vote becomes contentious.

·        Composition - Technology is adding manifold degrees of complexity to commerce.

·        The global dimension of business today also requires sectoral expertise.

·        Global M&A’s may have unique local consequences or standard global practices may impact Indian consumers differently.

·        Given these, general expertise in corporate and M&A law increasingly demands specialist knowledge to supplement.

·        Thus, fewer CCI members may not provide scope for the addition of sector experts.

·        Sector experts working on a rotating roster of cases may serve the cause of the competition regulator better than a reduced CCI.

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