Who's In Charge? Jurisdictional Battles Between Indian Antitrust Regulator (CCI) And Sector Specific Regulator

Introduction

Picture a situation where you are the general counsel of a company operating in a highly regulated sector, such as telecom, power, or broadcasting, where compliance with sector-specific regulations is a core part of your business strategy. Despite your company's robust compliance framework, the sector specific regulator (SSR) may initiate an investigation based on a suspected breach of technical or operational regulations, perhaps triggered by a routine audit, a consumer complaint, or even a tip-off from a competitor. While your company is under the SSR's scrutiny, a competitor, sensing an opportunity, files an information before the Competition Commission of India (CCI), alleging that your conduct also amounts to an anti-competitive behavior. This dual exposure places your company in a precarious position: the SSR is probing regulatory compliance, while the CCI is evaluating your market conduct for possible competition law violations. The outcomes