Extra‐territorial jurisdiction of Competition Commission of India

Ankesh Jain

Journal of Financial Crime, 2012, vol. 19, issue 1, 112-119

Abstract: Purpose - The purpose of this paper is to find out the jurisdictional power of the Competition Commission of India (CCI) in order to entertain the combinations taking place outside India having an impact on India. Design/methodology/approach - The author has established, with the help of varied case laws, that CCI has jurisdiction over the combinations taking place outside India and it is supported by the “Effect Doctrine” and the “Doctrine of Minimum Contact”. Findings - Merger and Acquisition is a buzzword for the growth of international trade and all the countries want to secure their interest. By looking at that, it is argued and suggested in this paper that CCI can take jurisdiction on the above combination when it has any impact on the Indian economy. Research limitations/implications - There is a scarcity of data available in the public domain and, with the CCI being in its nascent stage, it is suggested that how and in which situations the Commission will invoke its jurisdiction. Social implications - This research will help in protecting the interest of the domestic conglomerates and small businesses in India, as there will be a check system established by the CCI on all the combinations having an impact on the Indian market and economy. Originality/value - This paper has tried to establish the extra‐territorial jurisdiction of the Competition Commission of India, which was not available to any authority in India prior to the enactment of the Competition Act in 2002. It will help the Indian economy and market to grow in a structured manner and protect it from the combinations taking place outside India having an adverse impact.

Keywords: India; National economy; Acquisitions and mergers; Competitive strategy; Trade; Competition Commission of India; Jurisdiction; Inquiry (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:13590791211190768

DOI: 10.1108/13590791211190768

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