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<\/span><\/figcaption><\/figure>A void at the top rung of India’s competition agency underscores a chronic resource crunch and is undermining its capacity to regulate major companies in the world’s fifth-largest economy.

The Competition Commission of India<\/a>, which has imposed million dollar penalties on Alphabet Inc.’s Google<\/a> to Amazon.com Inc., is functioning with just two members — half the sanctioned strength and one short of quorum. It’s also still missing a chairperson, four months after the previous chairperson retired and seven months since the search for his replacement began.

For months, the vacancies stalled approval of mergers and acquisitions until reported reliance<\/a> on a necessity-led legal concept allowed the process to restart in early February. Enforcement matters that require adjudication remain in limbo.

It’s an “unprecedented crisis and a first-time occurrence,” said Avaantika Kakkar, head of competition law practice at Mumbai-based law firm Cyril Amarchand Mangaldas.

The CCI<\/a> has completed more than a thousand combination cases, indicating a growing workload. Among the youngest antitrust regulators in the world, CCI has acted against cement to beer cartels, penalized bid-rigging and gun jumping, and recently fined Google twice.

Even before it lost quorum, the commission suffered from a staff shortage, with at least 30% of positions unfilled through the last decade, according to data collated from annual reports.

The CCI been facing a resource crunch since inception and current vacancies have virtually paralyzed competition regulation in India, said Pradeep Mehta<\/a>, secretary general at advocacy group CUTS Institute for Regulation & Competition.

CCI’s resource problem has many dimensions.

In 2018, faced with rising vacancies at the top, the government “rightsized” the commission from seven to four members in the interest of “minimum government — maximum governance,” it said. The change may have streamlined decision-making but robbed orders of diversity in opinion, Kakkar said. Managing quorum became tougher too.

Most members are retired bureaucrats, which results in leaders “who are not familiar with regulation but very comfortable with control,” Mehta said.

Over the years, deputation from other government departments has decreased, but even now comprises the full staff in the Director General’s office charged with investigating anticompetitive practices.

There have been some exceptionally talented individuals, but their deputation ends by the time they settle in, said Karan Chandhiok<\/a>, head of competition and dispute resolution at Delhi-based Chandhiok & Mahajan Advocates & Solicitors. “Some thought could be given to achieve permanency of that office,” he said.

So far, this has not manifested in significant delays or pendency, a chronic problem across India’s judicial system. Last year it took CCI 17 working days on average to clear a combination case, and only 20 antitrust cases continued into the next fiscal year. Penalties imposed were over 13 billion rupees ($158 million). But the quality of outcomes is suffering, said Rahul Singh<\/a>, associate professor of law at the National Law School of India University<\/a>.

“One way to judge a regulator’s effectiveness is to see the manner in which its opinions have been treated by the appeal tribunal and the Supreme Court of India<\/a>. Both forums take a dim view of the CCI’s so-called expertise,” Singh said.

Yet CCI’s work is set to grow: the agency plans to set up a digital market unit, chairperson Ashok Kumar Gupta said days before his term ended in October.

As the government searches for his replacement, it has also advertised to fill the posts of three members, with the current two up for retirement over the next 16 months. That puts all four top positions in play, heightening concerns about case logjams and institutional memory gaps. This weakening of the CCI doesn’t inspire confidence in stakeholders, Singh said.<\/body>","next_sibling":[{"msid":98509449,"title":"Jio\u2019s Radisys to buy Mimosa Networks in $60 million deal","entity_type":"ARTICLE","link":"\/news\/jios-radisys-to-buy-mimosa-networks-in-60-million-deal\/98509449","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":98510132,"entity_type":"ARTICLE","title":"India antitrust agency squeezed by staff vacancies and workload","synopsis":"The Competition Commission of India, which has imposed million dollar penalties on Alphabet Inc.\u2019s Google to Amazon.com Inc., is functioning with just two members \u2014 half the sanctioned strength and one short of quorum. ","titleseo":"telecomnews\/india-antitrust-agency-squeezed-by-staff-vacancies-and-workload","status":"ACTIVE","authors":[],"Alttitle":{"minfo":""},"artag":"Bloomberg","artdate":"2023-03-09 11:42:24","lastupd":"2023-03-09 11:45:59","breadcrumbTags":["google","cci","supreme court of india","national law school of india university","rahul singh","pradeep mehta","competition commission of india","karan chandhiok","reliance","internet"],"secinfo":{"seolocation":"telecomnews\/india-antitrust-agency-squeezed-by-staff-vacancies-and-workload"}}" data-authors="[" "]" data-category-name="" data-category_id="" data-date="2023-03-09" data-index="article_1">

印度反垄断机构挤压员工空缺职位和工作负载

印度的竞争委员会,对字母百万美元罚款公司的谷歌Amazon.com Inc .,功能只有两个成员——群体认可的力量和一个短的一半。

  • 2023年3月9日更新在6日上午
顶部空响印度竞争机构强调长期的资源危机和破坏能力调节大公司是世界上第五大经济体。

的印度竞争委员会,实施了百万美元罚款字母Inc .)谷歌Amazon.com Inc .,功能只有两个成员——群体认可的力量和一个短的一半。也是失踪一个主席,四个月前主席退休和七个月后开始寻找他的替代者。

几个月以来,空缺的并购之前报道依赖在necessity-led法律概念允许进程重启2月初。执法方面,要求判决仍然毫无进展。

广告
这是一个前所未有的危机和首次出现,“说Avaantika Kakkar,孟买竞争法实践主管律师事务所律师事务所Amarchand Mangaldas西里尔。

的CCI已完成超过一千组合情况下,指示一个日益繁重的工作负担。世界上最年轻的反垄断监管机构之一,CCI对水泥啤酒卡特尔行为,惩罚串通投标枪跳,最近谷歌两倍罚款。

甚至丢失quorum之前,委员会人员短缺,至少有30%的职位空缺在过去的十年中,根据年度报告所整理的数据。

CCI面临资源危机以来《盗梦空间》和当前职位空缺几乎瘫痪的竞争监管在印度,说Pradeep梅塔秘书长研究所倡导组织削减监管和竞争。

CCI的资源问题有很多方面。

2018年,面对不断上涨的空缺,政府“使达到最佳状况”委员会从七四个成员的“最小政府最大的治理,”它说。变化的多样性可能简化决策但抢走了订单看来,Kakkar说。管理群体变得困难。

广告
大多数成员都是退休的官员,导致领导人“谁不熟悉监管与控制但很舒适,”梅塔说。

多年来,代表团与其他政府部门有所下降,但即使现在包含完整的员工在总经理办公室负责调查反竞争行为。

有一些非常有才华的人,但是他们的代表团结束他们定居的时候,说卡兰Chandhiok竞争和争端解决主管德里Chandhiok & Mahajan倡导者和律师。“一些人认为可以给实现永久的办公室,”他说。

到目前为止,这并没有表现出很大的延迟或悬垂,慢性问题在印度的司法系统。去年平均CCI 17个工作日才明确组合情况下,只有20反垄断案件持续到下一个财政年度。处罚了130亿卢比(合1.58亿美元)。但质量的结果是痛苦,说拉胡尔辛格法学副教授国家印度大学的法学院。

“判断一个监管机构的有效性的一种方法是看它的意见的方式被上诉法庭和治疗印度最高法院。论坛不赞成CCI的所谓专家,”辛格说。

然而,CCI的工作将增长:该机构计划建立一个数字市场单位,主席Ashok Kumar Gupta说天10月任期结束前。

政府正在寻找他的替代者,也广告填补职位的三名成员,与当前两个未来16个月退休。使所有四个最高职位,人们更加关注僵局和机构的记忆空白。这削弱CCI不激励利益相关者的信心,辛格说。
  • 发布于2023年3月9日上午11:42坚持
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\"\"
<\/span><\/figcaption><\/figure>A void at the top rung of India’s competition agency underscores a chronic resource crunch and is undermining its capacity to regulate major companies in the world’s fifth-largest economy.

The Competition Commission of India<\/a>, which has imposed million dollar penalties on Alphabet Inc.’s Google<\/a> to Amazon.com Inc., is functioning with just two members — half the sanctioned strength and one short of quorum. It’s also still missing a chairperson, four months after the previous chairperson retired and seven months since the search for his replacement began.

For months, the vacancies stalled approval of mergers and acquisitions until reported reliance<\/a> on a necessity-led legal concept allowed the process to restart in early February. Enforcement matters that require adjudication remain in limbo.

It’s an “unprecedented crisis and a first-time occurrence,” said Avaantika Kakkar, head of competition law practice at Mumbai-based law firm Cyril Amarchand Mangaldas.

The CCI<\/a> has completed more than a thousand combination cases, indicating a growing workload. Among the youngest antitrust regulators in the world, CCI has acted against cement to beer cartels, penalized bid-rigging and gun jumping, and recently fined Google twice.

Even before it lost quorum, the commission suffered from a staff shortage, with at least 30% of positions unfilled through the last decade, according to data collated from annual reports.

The CCI been facing a resource crunch since inception and current vacancies have virtually paralyzed competition regulation in India, said Pradeep Mehta<\/a>, secretary general at advocacy group CUTS Institute for Regulation & Competition.

CCI’s resource problem has many dimensions.

In 2018, faced with rising vacancies at the top, the government “rightsized” the commission from seven to four members in the interest of “minimum government — maximum governance,” it said. The change may have streamlined decision-making but robbed orders of diversity in opinion, Kakkar said. Managing quorum became tougher too.

Most members are retired bureaucrats, which results in leaders “who are not familiar with regulation but very comfortable with control,” Mehta said.

Over the years, deputation from other government departments has decreased, but even now comprises the full staff in the Director General’s office charged with investigating anticompetitive practices.

There have been some exceptionally talented individuals, but their deputation ends by the time they settle in, said Karan Chandhiok<\/a>, head of competition and dispute resolution at Delhi-based Chandhiok & Mahajan Advocates & Solicitors. “Some thought could be given to achieve permanency of that office,” he said.

So far, this has not manifested in significant delays or pendency, a chronic problem across India’s judicial system. Last year it took CCI 17 working days on average to clear a combination case, and only 20 antitrust cases continued into the next fiscal year. Penalties imposed were over 13 billion rupees ($158 million). But the quality of outcomes is suffering, said Rahul Singh<\/a>, associate professor of law at the National Law School of India University<\/a>.

“One way to judge a regulator’s effectiveness is to see the manner in which its opinions have been treated by the appeal tribunal and the Supreme Court of India<\/a>. Both forums take a dim view of the CCI’s so-called expertise,” Singh said.

Yet CCI’s work is set to grow: the agency plans to set up a digital market unit, chairperson Ashok Kumar Gupta said days before his term ended in October.

As the government searches for his replacement, it has also advertised to fill the posts of three members, with the current two up for retirement over the next 16 months. That puts all four top positions in play, heightening concerns about case logjams and institutional memory gaps. This weakening of the CCI doesn’t inspire confidence in stakeholders, Singh said.<\/body>","next_sibling":[{"msid":98509449,"title":"Jio\u2019s Radisys to buy Mimosa Networks in $60 million deal","entity_type":"ARTICLE","link":"\/news\/jios-radisys-to-buy-mimosa-networks-in-60-million-deal\/98509449","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":98510132,"entity_type":"ARTICLE","title":"India antitrust agency squeezed by staff vacancies and workload","synopsis":"The Competition Commission of India, which has imposed million dollar penalties on Alphabet Inc.\u2019s Google to Amazon.com Inc., is functioning with just two members \u2014 half the sanctioned strength and one short of quorum. ","titleseo":"telecomnews\/india-antitrust-agency-squeezed-by-staff-vacancies-and-workload","status":"ACTIVE","authors":[],"Alttitle":{"minfo":""},"artag":"Bloomberg","artdate":"2023-03-09 11:42:24","lastupd":"2023-03-09 11:45:59","breadcrumbTags":["google","cci","supreme court of india","national law school of india university","rahul singh","pradeep mehta","competition commission of india","karan chandhiok","reliance","internet"],"secinfo":{"seolocation":"telecomnews\/india-antitrust-agency-squeezed-by-staff-vacancies-and-workload"}}" data-news_link="//www.iser-br.com/news/india-antitrust-agency-squeezed-by-staff-vacancies-and-workload/98510132">