Engaging Civil Society to Promote Competition Reforms in India

Pradeep S. MehtaSecretary GeneralCUTS International

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Organisational Profile“Consumer sovereignty in the framework of social justice and

equality, within and across borders”

Established in 1983; Celebrated Silver Jubilee in 2008

Accredited to UNCTAD, UNDP, UNEP, UNCSD, WTO, World Bank etc.

Serves on several policy-making bodies in India and abroad

Over 100 employees in ten offices

Programme Areas: Consumer Protection International Trade

and Development Competition,

Investment and Economic Regulation

Human Development Consumer Safety

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The Family Tree

Programme Centres Centre for International Trade,

Economics and Environment Centre for Competition,

Investment & Economic Regulation

Centre for Consumer Action Research & Training

Centre for Human Development

New Initiative CUTS Institute for Regulation

and Competition

Resource CentresJaipur, Calcutta,

Chittorgarh and Delhi (India)

Lusaka (Zambia)

Nairobi (Kenya)

Hanoi (Vietnam)

Geneva (Switzerland)

Accra (Ghana in 2012)

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International Network for Civil Society Organisations on Competition (INCSOC)

A Network of 145 members from 65 countriesMembers represent CSOs, Research Institutes and ParliamentsClose contact with international organisations

Milestone PublicationCompetition Regimes in the World – A Civil Society Report

www.incsoc.net

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Distillation of Experiences

Completed projects in 27 developing countries across Asia and Africa (25 percent of the countries in the world having a competition regime)…more in the pipeline

In a nutshell, two important considerations: – Convergence between competition and consumer protection

policies: Availability, quality and prices End objectives of both policies are same

– Lack of adequate resources within the institutions Human, technical and financial resources

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CSO Participation in Evolution

Stage I: Evolution of a Competition Law– Clear Policy Directives

Willingness to engage stakeholdersParticipation needs policy directions e.g. Raghavan Committee on Competition Law, Working Group on

Competition Policy and National Committee on Competition Policy in India

– Public ConsultationOpportunity to provide comments on draft lawsBuilds up interest and knowledge

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CUTS Participation in Evolution (cont’d)

Stage II: Developing Countries including India

– Sensitisation of Multiple Stakeholders7Up ApproachSuccessfully applied in 27 countries of Asia and Africa,

including IndiaLauded by OECD Development Assistance CommitteeGuided by a strong International Advisory Board[[[

– Motivating National Research Projects with CCI

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CSO Participation in Evolution (cont’d)

Stage III: Actual Implementation of Law

– CSOs working as Allies with CCILimitations pertaining to human and financial resources Developing synergies with consumer groups and CSOsPro-active civil society engagement

Research Publications: – Towards a Functional Competition Policy for India, 2005– Competition & Regulation in India, 2007, 2009, 2011….

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Impediments in Civil Society Engagement

Lack of Continuity– Garnering Resources for Functioning– Developing Capacity– Continuous Engagement

Contradictions and Frictions– Differences of opinion with CCI and Government due to

watchdog role and activities– CSOs disagreeing with CCI and Government on decisions,

leading to cold shouldering

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In Conclusion

Strong will, commitment, tolerance and visionCapacity of CSOs on competition law & policy issuesCSOs’ ability to sensitise other stakeholdersCSOs to identify and report anti-competitive practicesFunding for aiding CSOsWorld and National Competition Days (like Consumer Days)

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Thank You