Papers by Tilottama Raychaudhuri
The Estey Centre Journal of International Law and Trade Policy, Jun 4, 2010
In this article the author explores in detail the "unforeseen developments" requirement in the Ag... more In this article the author explores in detail the "unforeseen developments" requirement in the Agreement on Safeguards under the WTO. The author seeks to answer questions such as whether the requirement (i.e., unforeseen developments must be demonstrated in order for safeguard measures to be justified) is an integral part of the Agreement on Safeguards, and how the subjectivity associated with this requirement contributes to the difficulty of constructing a reasoned and adequate account of the causal chain. The article also includes within its scope a brief analysis of larger issues such as the political and economic rationale behind safeguard measures, and how ambiguities in the Agreement on Safeguards can destabilize the discipline of safeguards and defeat one of its major purposes-to help countries nurture their infant industries. Finally, the article reflects upon how India, being one of the leading users of safeguard measures as of 2008, is likely to be affected by unclear areas in the present legislation such as the unforeseen developments clause.
Competition Commission of India Journal on Competition Law and Policy, Dec 1, 2020
An ongoing debate in competition jurisprudence today is with respect to the enforcement of compet... more An ongoing debate in competition jurisprudence today is with respect to the enforcement of competition law in digital markets. Digital markets are newer markets in context of which traditional tools of competition law have to be understood and applied. Though the challenges of competition enforcement in digital markets are manifold, this paper focusses on the assessment of dominance and abuse in platform markets, particularly in light of the 2019 Supreme Court judgement in the Uber matter. The Supreme Court's opinion that loss-making pricing can be an indicator of dominance is inconsistent with the Competition Commission of India's (CCI) views, which had cautioned against this circular interpretation of dominance and put the issue to rest. The author submits that conflicting interpretations such as these erode the certainty of the law. Competition laws can be flexible but not uncertain or unpredictable. The author identifies areas of concern in digital platforms that are yet unresolved and need to be addressed urgently by guidelines/amendments before the law on this issue becomes incoherent.
Apple Academic Press eBooks, Mar 23, 2022
Vertical Agreements - "A Critique of the Approach Taken under the Competition Act, 2002, with Special Reference to the Indian Automobile Industry
University of North Bengal, Mar 1, 2020
The Directive Principles of State Policy as enshrined in Article 39 of the Constitution of India ... more The Directive Principles of State Policy as enshrined in Article 39 of the Constitution of India lay down, inter alia, that the State shall direct its policy towards securing that the operation of the economic system does not result in concentration of wealth, to the common detriment. However, a study of the Indian market, decades after the enactment of the Constitution, reveals that the same is prone to wealth concentration, due to failure of the competitive fabric of the market. One of the ways in which such market failure occurs is by abuse of market power by firms, due to anti-competitive practices such as predatory pricing. According to competition law, only a dominant firm can be guilty of predatory pricing. To assess dominance, it is necessary, at the outset, to determine the relevant market. However, market determination in case of emerging markets is complex because traditional definitions do not take into account the competition dynamics that characterize new markets. In India, predatory pricing allegations against online taxis like Uber have necessitated an urgent relook at existing competition law provisions, to assess whether the same are equipped to deal with the challenges posed in defining nontraditionalmarkets. An analysis of the Competition Commission of India [CCI]'s orders reflects confusion. In most cases relating to emerging markets, allegations of predatory pricing could not be sustained, as the demarcation of the relevant market by the CCI did not support a conclusion of dominance.In this paper, the author analyses certainCCI decisions relating to predatory pricing, by focusing on the challenges of market definition in nontraditional markets.
Towards a Crisis Cartel Regime in India – a Case for the Recognition of Crisis Cartels
Emerging Markets Economics: Industrial Policy & Regulation eJournal, 2021
Acknowledgement of the existence of crisis cartels in various points of time in the history proce... more Acknowledgement of the existence of crisis cartels in various points of time in the history proceeds on the basis that a one-size-fits-all policy of deterring cartels needs to be reconsidered when policymakers and competition regulators are faced with situations of economic instability, high levels of unemployment, social instability, and volatility of demand. The purpose of this paper is to investigate the rationale for acknowledgement and engagement with crisis cartels in India. This paper does not argue in favour of a crisis cartel in any given sector in India, or seek to justify cartel conduct in a specific case. It argues for a comprehensive approach to cartels formed in times of crisis, with special emphasis on cartels that may be formed with approval from state authorities.
Competition Commission of India Journal on Competition Law and Policy, 2020
An ongoing debate in competition jurisprudence today is with respect to the enforcement of compet... more An ongoing debate in competition jurisprudence today is with respect to the enforcement of competition law in digital markets. Digital markets are newer markets in context of which traditional tools of competition law have to be understood and applied. Though the challenges of competition enforcement in digital markets are manifold, this paper focusses on the assessment of dominance and abuse in platform markets, particularly in light of the 2019 Supreme Court judgement in the Uber matter. The Supreme Court’s opinion that loss-making pricing can be an indicator of dominance is inconsistent with the Competition Commission of India’s (CCI) views, which had cautioned against this circular interpretation of dominance and put the issue to rest. The author submits that conflicting interpretations such as these erode the certainty of the law. Competition laws can be flexible but not uncertain or unpredictable. The author identifies areas of concern in digital platforms that are yet unresol...
In this article the author explores in detail the "unforeseen developments" requirement... more In this article the author explores in detail the "unforeseen developments" requirement in the Agreement on Safeguards under the WTO. The author seeks to answer questions such as whether the requirement (i.e., unforeseen developments must be demonstrated in order for safeguard measures to be justified) is an integral part of the Agreement on Safeguards, and how the subjectivity associated with this requirement contributes to the difficulty of constructing a reasoned and adequate account of the causal chain. The article also includes within its scope a brief analysis of larger issues such as the political and economic rationale behind safeguard measures, and how ambiguities in the Agreement on Safeguards can destabilize the discipline of safeguards and defeat one of its major purposes - to help countries nurture their infant industries. Finally, the article reflects upon how India, being one of the leading users of safeguard measures as of 2008, is likely to be affected by ...
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Papers by Tilottama Raychaudhuri