Title: Harmonising the see-saw of conflicts: mitigation of regulatory clashes for enhancing cooperation between CCI and IP authorities

Authors: Latika Choudhary; Aratrika Deb

Addresses: School of Law, UPES, Dehradun, India; Knowledge Acres, Kandoli via Prem Nagar, Dehradun, 248007, Uttarakhand, India ' School of Law, IILM University, Gurugram, India; Gurugram 1 Knowledge Center, Golf Course Rd., Sector 53, Gurugram, Haryana 122003, India

Abstract: The Competition Commission of India (CCI), established in 2002, ensures fair competition and competitive neutrality. Alongside, sector-specific regulators address technical issues and align objectives with broader economic goals. Collaboration between CCI and these regulators is emphasised but often hindered by jurisdictional ambiguities. While sectoral regulators focus on structural issues, CCI examines post facto behavioural aspects to foster economic growth. Intellectual property regulation is one area where sectoral regulators lack competition-specific guidelines, risking overregulation and stifling competition. CCI's role in penalising anti-competitive behaviour and offering settlements, absent in IP authorities, is crucial for addressing such conduct in IP-intensive sectors. Effective enforcement of competition laws requires alignment between CCI and IP regulators. This paper examines jurisdictional conflicts between CCI and IP authorities, proposing approaches for harmonised efforts to address anti-competitive behaviour, ensuring economic goals like public goods distribution and employment generation are not adversely affected.

Keywords: anti-competitive; IP&Competition; jurisdictional conflict; Competition Commission of India; CCI; harmonising efforts.

DOI: 10.1504/IJIPM.2025.150697

International Journal of Intellectual Property Management, 2025 Vol.15 No.6, pp.555 - 573

Received: 04 Sep 2024
Accepted: 27 Sep 2024
Published online: 22 Dec 2025 *

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