JURISDICTIONAL OVERLAP OF COMPETITION LAW IN THE REGULATION OF PROFESSIONAL SPORTS IN INDIA
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Abstract
The Competition Commission of India, (“CCI”) is responsible for promoting competition and preventing anti-competitive activities and monopolies in the market which encompasses multiple industries like telecom, steel, electronics, automobile, cement, real estate, e-commerce sector as well as the sports sector. All these industries further have their own sectoral regulatory bodies which are instrumental in effective and speedy redressal of grievances. However, issue arises when this jurisdictional overlap between the CCI and sectoral regulators acts as a hinderance to the successful regulation of the said sector. Owing to the fact that the Sports Industry also has various sectoral regulatory / governing bodies like the Indian Olympic Association, Board of Control for Cricket in India, Athletics Federation of India, Hockey Federation of India, All India Chess Federation, Indian Volleyball Federation, etc., specific to each sport, there is a sharp jurisdictional interface between the CCI and various statutory sports bodies. In recent times, the sports’ governing bodies are found to indulge in anti-competitive practices and are coming under the radar of the CCI for abusing their dominant positions. However, due to the presence of overlapping authorities, the sports sector remains in turmoil over the applicability and validity of orders passed by the CCI to another statutory body like sports’ governing bodies. This paper attempts to arrive at a feasible solution for the proper and effective regulation of professional sports in India, which can be done in a manner which does not result in anti-competitive practices, while keeping in mind the peculiarities of sports governing bodies.
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