CUTS Centre forCompetition, Investment& Economic Regulation

Publication Digest � 2013

www.cuts-international.org � www.cuts-ccier.org

CUTS Centre for Competition, Investment & Economic Regulation(CUTS CCIER) produces this document for informing the relevantstakeholders its major publications in 2013

CUTS

Centre

forC

ompe

tition,

Inve

stmen

t&Econ

omicRe

gulatio

n RESEARCH REPORTS

Rethinking BusinessResponsibility in India:A Review ofPharmaceutical & PrivateHealthcare SectorsVikash Batham, SeniorProgramme Officer, CUTS; RijitSengupta, Regional Director (CUTSAfrica); and Vasanthi Srinivasan,ICCR Chair of Corporate Responsibility andGovernance, HHL Leipzig Graduate School ofManagement, Germany & Chairperson, Centre forCorporate Governance and Citizenship, IndianInstitute of Management, Bangalore

This Report contains an overview of the theoreticalfoundations of the interface between businessresponsibility and corporate conduct from aninternational context linking it with the Indianperspective.

It analyses the policy and institutionalframework in the two sectors in India andidentifies implications for responsible businessand contains a description of the research problemand methodology used for undertaking the study.

A detailed analysis of the data collected fromthe four states is provided. It highlights keyemerging conclusions of the study and the sixthpresents some thoughts on the way forward.

2013 c 202 pp 978-81-8257-191-4www.cuts-ccier.org/BRCC/pdf/

Rethinking_Business_Responsibility_in_India.pdf

Policy Distortions HurtCompetition and Growthin India - A CUTS ResearchReportThe CUTS research report bringsto light numerous instances ofcompetition distortions inducedby government policies in Indiawith a view to devise aframework that would assess the policies on thetouchstone of their impact on competition and takesteps to minimise their anti-competitive outcomes.

It provides suggestions on how to improve upondistortive policies by introducing reforms in varioussectors. It also suggests interventions at variouslevels for harmonisation of government policiesand regulations leading to economic benefits forthe society at large.

2013 c 68 pp 978-81-8257-192-1www.cuts-ccier.org/pdf/

Policy_distortions_hurt_competition_and_growth_in_India-A_CUTS_Research_report.pdf

Should Competition Policy and Lawbe Blind to Equity? The GreatDebatePradeep S Mehta, Secretary General, CUTSInternational and Taimoon Stewart, AssociateSenior Fellow, University of West Indies,Trinidad & Tobago

This volume is an attempt to presentcollection of views of competitionpractitioners and others from across the globe on linkagesbetween growth and equity. The methodically reasonedopinions came in the form of debate on the issue of growthand equity and role of competition authorities, whichhappened over an e-discussion group�CompetitionOnlineForum� hosted by CUTS International. Thispublication firmly analyses the importance of competition lawand its role in achieving equity. However, there are differentopinions on the subject of the extent to which competition lawand its enforcement should seek to incorporate equity.

2013 c 254 pp 978-81-8257-201-0www.cuts-ccier.org/Book/Competition_Law_and_Equity.html

Unfair Trade Practices andInstitutional Challenges in India:An AnalysisThe term Unfair Trade Practice (UTP)broadly refers to any fraudulent,deceptive or dishonest trade practice orbusiness misrepresentation of theproducts or services that are being soldwhich is prohibited by a statute or hasbeen recognised as actionable underlaw by a judgement of the court. ThisReport tries to analyse and understand the concept of UTPs inIndia by comparing the concept in other countries also. Thepaper highlights various institutional challenges and finallysuggests efficient approaches to tackle the same.

www.cuts-ccier.org/pdf/Unfair_Trade_Practices_and_Institutional_

Challenges_in_India-An_Analysis.pdf

DISCUSSION PAPERS

Regulatory Framework andChallenges in IndianPharmaceutical SectorThis Discussion Paper provides a briefstatus of the pharmaceutical industry inIndia and its key features. It gives adescription of the major regulatory bodiesmonitoring the Indian pharmaceuticalsector and undertakes a review of theprevailing mechanisms for drug regulationand some predominant policy measures and acts. It alsoprovides a comprehensive account of the status and keychallenges.

www.cuts-ccier.org/pdf/Regulatory_Framework_and_Challenges_in_Indian

_Pharmaceutical_Sector.pdf

CUTSCentreforCom

petition,Investment&

EconomicRegulation

BRIEFS

Effect of Direct BenefitTransfer Scheme onCompetition in the MarketThis Briefing Paper throws lightupon specific developmentalobjectives that could be achievedthrough proper implementation ofthe scheme. The paper focusesupon how direct transfer of cashwould help establishingdeveloped and competitive market, especially inrural India.

It also deals with factors that could lead to amore conducive environment for infusing competitionin the market. Finally, it discusses the internationalexperiences related to direct transfer of cash to thepoor and what lessons India could learn.

www.cuts-ccier.org/pdf/Effect_of_Direct_Transfer_of_Cash_on_Competition_in_Market.pdf

Ensuring Sustainability ofOff-Grid ProjectsThis Policy Brief discusses theneed to introduce off-grid powersystems as a viable option toovercome challenges in access topower. This is in response to a feltneed to enable access toconsistent quality and quantity ofpower that in turn, can be expectedto reinforce other developmental initiatives, furthercorrelated to costs in the immediate and long-term.

The paper cites some cases that revealchallenges in establishing such off-grid systems,substantiated with tried and recommendedsolutions. These insights are presented through thepolicy lens essential for appropriate mainstreamingof off-grid systems.

www.cuts-ccier.org/pdf/Ensuring_Sustainability_of_Off-Grid_Projects.pdf

Regulation of MicrofinanceInstitutions in IndiaConsidering the importance ofmicrofinance institutions in fulfilling thegoals of financial inclusion, it isessential to understand the body of laws,rules and regulations which govern thisfinancial tool. An overlap between theareas dealt with by various authoritiesgoverning microfinance entities oncritical issues like interest rate determination createuncertainty on the basic conditions of thriving in this sectorfor participant institutions. This Briefing Paper deals withsome of the problems in regulation of microfinanceinstitutions and presents solutions which should be takeninto consideration.

www.cuts-ccier.org/pdf/Regulation_of_Microfinance_Institutions_in_India.pdf

Business Regulatory Framework:Towards Optimal BusinessRegulatory GovernanceThe Planning Commission of India hasdeveloped the Twelfth Five Year Plan(2012-17) which has been approved by theNational Development Council inDecember 2012. It had formed a SteeringCommittee which divided its work intocross cutting as well as sectoral WorkingGroups. This Briefing Paper discusses The Working Group onBusiness Regulatory Framework (WG BRF) � A cross cuttingWorking Group in which CUTS served as a Knowledge Partner.It summarises the report framed by the Working Group in theyear 2011.

www.cuts-ccier.org/pdf/Business_Regulatory_Framework-Towards_Optimal_Business_Regulatory_Governance.pdf

Responsible Business in India �yesterday, today & tomorrowThe adoption of the Companies Bill 2012by the Parliament would giveconsiderable fillip towardsoperationalising the CSR agenda in India.This Briefing Paper argues that if properlysupported through enabling policies andproper guidance, business can contributeconsiderably to socio-economic progressin India, linking those who remained far removed with theIndian growth story.

www.cuts-ccier.org/pdf/Responsible_Business_in_India-yesterday_today_and_tomorrow.pdf

Essential Facilities DoctrineThis Briefing Paper states thatnotwithstanding relative successes andfailures of such interventions, as theIndian economy grows and matures it isinevitable that for wider and morecomplete encouragement of competition,the essential facilities doctrine (EFD) willneed to flow in from the CompetitionCommission and competition law whichis adequately structured to uphold the doctrine.

www.cuts-ccier.org/pdf/Essential_Facilities_Doctrine.pdf

Judiciary � a crumblingpillar of Indian democracy?Speeding up delivery ofjustice in IndiaThe famous quote of GeorgeWashington which is over twocenturies old is still valid: �theadministration of justice is thefirmest pillar of government.� Thecurrent judicial scenario in India does not live up tothis adage in a number of its manifestations.

This Discussion Paper looks at one of them �that of the staggering arrears in disposal of casesin various courts � estimated at 3.2 crore. Afterstating the problem, the paper discusses its variouscauses, steps/reforms taken to address the malaiseand finally suggests a way forward for stimulatingfurther discussions.

www.cuts-ccier.org/pdf/Judiciary_a_crumbling_pillar_of_Indian_democracy-

Speeding_up_delivery_of_justice_in_India.pdf

CUTS

Centre

forC

ompe

tition,

Inve

stmen

t&Econ

omicRe

gulatio

n

ReguLetterThis is a quarterly flagship newsletterpublished by CUTS CCIER. The objective isto create awareness among thestakeholders, particularly the civilsociety organisations, who in turn lobbyat national, regional and internationallevel, on the issues related tocompetition and consumer welfare. Itfocuses on news, views and policiesrelated to corporate restructuring, regulations of utilitiesand finances, corporate governance etc. of differentcountries, with focus on developing nations. Specialdedicated sections showcase issues and cases thwartingcompetition in countries across the globe providing readersan insight into the competition scenario therein.

www.cuts-ccier.org/reguletter.htm

D-217, Bhaskar Marg, Bani Park, Jaipur 302016, IndiaPh: +91.141.2282821, Fx: +91.141.2282485, 2282733E-mail: c-cier@cuts.org, Website: www.cuts-international.org

PolicyWatchThis is a quarterly newsletterpublished by CUTS CCIER. Theobjective is to report on policy andregulatory developments in Indiawith the objective of informingpeople. This newsletter is primarilymeant for Indian readers, dealingwith various economic policyissues. It covers developments onpolicy responses, implementation and distortions.Special dedicated sections such as Good Practices,V iewpoint, and Discussion Topic raise severalinteresting and relevant issues drawing attentiontowards their implications and impact.

www.cuts-ccier.org/pw-index.htm

CUTS CCIER Activity ReportCUTS Centre for Competition,Investment & Economic Regulation(CUTS CCIER) produces a quarterlyreport summarising major activitiesundertaken during the period. Thisdocument ñ referred to as �CCIERActivity Report� provides a quickoverview of the various operationsof the Centre and correspondingoutputs/outcomes.

www.cuts-ccier.org/CCIER_Activities.htm

NEWSLETTERS

For more information, please contact:

Ashutosh SoniProgramme Officer

ash@cuts.org; 099501 77012

Udai SMehtaDirector & Centre Head

usm@cuts.org; 098292 85926

International Trade andCompetition � Siamese Twins:Need for a MultilateralFramework on Competition?This Briefing Paper studies arguments forand against multilateral competitionframework with a focus on agricultureand commodity markets sector anddiscovers that chief losers from absenceof a multilateral competition framework are consumersaround the world. It further attempts to suggest a workableway forward by taking into account concerns of differingparties and stresses the need to re-start negotiations oncompetition issues at international forums, before it is toolate.

www.cuts-ccier.org/pdf/International_Trade_and_Competition-Siamese_Twins-

Need_for_a_Multilateral_Framework_on_Competition.pdf

Harmonising Regulatory ConflictsCompetition agencies and sectorregulators have a common objective ofpromoting healthier economicgovernance through pro-competitiveregulation. The sector regulators lookinto the issues ex-ante, whereas thecompetition authority deals with ex-postissues. Despite a common goal, thesebodies have different legislativemandates and perspectives for competition issues, andambiguities. Thus, securing a clear delineation of roles andresponsibilities is a growing challenge for most countriesdealing with overlap conflicts. This Briefing Paper has beendrawn up from a research study done by CUTS to help thebusy reader.

www.cuts-ccier.org/pdf/Harmonising_Regulatory_Conflicts.pdf

DOSSIER

Competition Distortions in IndiaThis quarterly dossier looks at the interface of policyissues which has an impact on competition in India,which can be both negative and positive. The purposeis to flag issues to the layman as well as to thepolicymakers and regulators, rather than bejudgmental.

www.cuts-ccier.org/Competition_Distortions_India.htm

CCI WATCH

The role of the Competition Commission of India isvery crucial for effective competition amongst themarket players. CCIs imposition of heavy penaltiesand probe into sectors such as real estate,entertainment, cement, petroleum, steel, travelindustry, healthcare, education, etc. have kept theCommission in the limelight since past three years. Itis hard to find a day when CCI is not being talkedabout in the newspaper. Therefore, the aim of the CCIWatch is to review and highlight the performance ofCCI through the lens of media.

www.cuts-ccier.org/CCI_Watch.htm