Telecommunications

The debate regarding the respective realms of competition law and economic regulation is not new. In the Indian context, complaints filed against the telecom incumbents Airtel, Vodafone and Idea by Reliance Jio before the Telecom Regulatory Authority of India and the Competition Commission of India bring to the fore such an example. This case is analysed primarily through the legal standpoint, and it is argued that competition law intervention is warranted only in “gap” cases: where the regulatory regime cannot account for consumer welfare. Where the regulatory and competition agency reach conflicting decisions, the issue can be resolved by a third body whose decision is binding on both the regulator and the competition agency.

The issues which need to be understood and deliberated upon for resolving the dispute over interconnection between BSNL/MTNL on the one hand and VSNL on the other.

Technological developments and mass consumption of telecommunication services have dictated far-reaching restructuring of telecommunication regimes across the world. The same factors necessitate a basic reorientation of the approach to telecommunications development in the Tenth Plan.