Competition Commission of India

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Competition Concerns in Concession Agreements in Infrastructure Sectors

The study was commissioned to Clarus Law associates, New Delhi with an overall objective to conduct research in accordance with the proposal viz. Concession Agreements in certain key sectors like transportation and energy including analysis of key issues in relation to granting of Concession Agreements, Competition Concerns, experience of competition concerns that have arisen in other jurisdictions and role of the Competition Commission of India. The study suggests that CCI should commence a dialogue with the Planning Commission and each of the sector regulators as well as the various ministries of the Government of India and the State Governments that are actively granting concession agreements. The dialogue should focus on highlighting the competition concerns during the life cycle of the concession agreement and how to ensure that they are taken into account while structuring, granting and implementing the concession agreement, so as to mitigate any potential challenges against them.

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