Role of Courts in Settling Conflict of Jurisdiction Between Sector Regulators and Competition Regulator in India

Competition Law is relatively of nascent origin in India. There have been some cases of conflict of jurisdiction between sector specific regulators and CCI, particularly, in relation to enforcement of intellectual property rights, which has attracted judicial intervention by writ courts. The higher judiciary in India has played a significant role in resolving this conflict and the issue of conflict of jurisdiction or “forum shopping” is likely to continue to arise in India. However, some recent judgements of the Supreme Courts seem to have been resolved the issue to large extent in India. The article outlines the role of higher judiciary in resolving this source of conflict during the enforcement of the competition law in the last nine years and how it has helped in developing a robust jurisprudence on competition law in India.