Crafting a Vision & Mission Statement for the Competition Commission of India

Abstract

The case describes the process of formulating Vision and Mission (hereafter V&M) statement for a competition regulator. It provides chronology of setting up the commission and also describes the focus of the act, some recent penalties imposed on firms, and the need to formulate the V&M statement. The process included the identification of stakeholders, methodology for seeking their views, and brief descriptions of the views expressed by the stakeholders. Participants are challenged to develop a V&M statement for the commission.

This case was prepared for inclusion in Sage Business Cases primarily as a basis for classroom discussion or self-study, and is not meant to illustrate either effective or ineffective management styles. Nothing herein shall be deemed to be an endorsement of any kind. This case is for scholarly, educational, or personal use only within your university, and cannot be forwarded outside the university or used for other commercial purposes.

2024 Sage Publications, Inc. All Rights Reserved

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Resources

Exhibit 1: Salient Features of the Competition Act 2002.

Features

Explanation

Duties of the Commission

Subject to the provisions of this Act, it shall be the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in India.

Advocacy

The Central and State Government may make reference to the Commission while making any policy or law which may have effect on competition. While framing such policy or law the guidance of the Commission and the Commission will provide its opinion in the stipulated time as mentioned in the Act. The Central and State Government shall take further action as it deems fit.

Investigation

The DG shall, when so directed by the Commission, assist the Commission in investigating into any contravention of the provisions of this Act or any rules or regulations made there under. The DG has the power to widen the scope of investigation if it deems necessary.

Enforcement

The Commission shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908.

If a person fails to pay any monetary penalty imposed on him under this Act, the Commission shall proceed to recover such penalty, in such manner as may be specified by the regulators.

Source: CCI Documents.

Exhibit 2: Organization Structure

Figure

Source: CCI Documents.

Exhibit 3: Detailed Roles of Departments

Divisions

Descriptions

Advocacy

This division was responsible for the advancement and propagation of the Act. It worked on spreading awareness among various stakeholders for example; central and state governments, trade associations, industry bodies, academic institutes like colleges, schools etc.

Anti-Trust

This division processed the information received under section 19 and conducted prima facie investigation for cases falling under Sections 3 & 4 of the Act.

Combination

The division deals with merger and Acquisition (M&A) matters under Section 5&6 of the Competition Act, 2002 (The Act), read with the Competition Commission of India (Procedure in regard to transition of business relating to Combination) Regulation, 2011 (Combination Regulations) framed there under. Section 5 and Section 6 of the Act were notified in March 2011, and came into effect from 1st day of June 2011.

After examining the notice submitted by the parties to the Combination, the Combination Division submits its report to the Commission which takes a final decision in the case as mandate of the Act.

Investigation

This division worked on the miscellaneous complaints received by the Commission. Such complaints were received by letters or emails. It followed and developed sue-moto cases based on media reports, news articles and any information available in public domain as and when they deemed fit. It also provided support to other divisions for any work related to financial analysis of cases processed by them.

Secretariat

It was the nodal point for all communication whether internal or external. Secretariat was responsible for responding to RTI inquiries. Administration and Coordination division comprises of Human Resources division, Corporate Services Division, Finance and Accounts division, and Library Services was also brought under the purview of this division.

Capacity Building

This division looked after the initiatives related to training and capacity building needs of employees. It also looked after the external coordination, with respect to sending the employees for training and conferences to other jurisdictions.

DG Investigation

DG Investigation was an independent cell from entire commission and is mandated with the duty to investigate the cases directed to them by the collegium for detail investigation.

Economics

This division was an expert division which provided research and advanced econometric support to other divisions on need basis.

Legal

It is entrusted primarily with two core functions. Firstly, it is responsible for handling all litigation work of the Commission before Supreme Court of India. High Courts, Competition Appellate tribunal and Chief Metropolitan Magistrate – Delhi which includes briefing the counsels, drafting and preparation of petitions/counter-affidavits/rejoinders/applications. Secondly, it is entrusted with the works related to legal advice/vetting, give specific comments to the CAUs/Investigation Division on the legal issues referred to it, both at the stage of determination as to whether there is prima facie case, and scrutiny of DG’s report along with further inquiry and issue of orders of the Commission.

Source: CCI Documents.

Exhibit 4: Stakeholders list

Sr. No

Stakeholder

Remarks

1.

Corporates and Industry bodies

FICCI, CII, sectoral bodies like CREDAI, Cement manufacturers bodies etc

2.

Government of India

Ministry of Corporate affairs

3.

Employees: both current and ex

This also includes Chairperson and Members of the commission

4.

Lawyers

Law firms representing clients

5.

Sectoral regulators

Telecom, Power, Financial regulators like SEBI etc.

6.

Others: Consumers

General public

Source: Authors Compilation.

Exhibit 5: Slogans by CCI Employees

Sl. No.

Slogans

1

Competition Commission of India – Fostering Competition as a way of life

2

CCI - Empowering the invisible hand that guides the market.

3

CCI: We deliver fair play.

4

Healthy Competition, Healthy Market & Healthy Nation.

5

To promote fairness in markets and society

6

To promote freedom of trade and innovation.

7

Not to be a Police; but a Referee.

8

Free and Fair Competition enhances Consumer Welfare.

9

Grow strong with fair competition.

10

Be aware. Be Competitive.

11

Ensuring fair play to develop competitive markets for the benefit of consumers and economy.

12

Promoting competition to the benefit of the end consumers.

13

Educating the Indian market about competition and working as a facilitator of fair play.

14

Competition beneficial for all be it enterprises big or small.

15

Markets perform best with fair competition - we enforce fair competition.

16

Making capitalism work for the economic development of India.

17

Connecting India to Competition.

18

Fair competition ensures efficient markets and faster economic progress

19

Maintain and encourage competition in the Indian marketplace for the consumers

Source: Authors Compilation.

This case was prepared for inclusion in Sage Business Cases primarily as a basis for classroom discussion or self-study, and is not meant to illustrate either effective or ineffective management styles. Nothing herein shall be deemed to be an endorsement of any kind. This case is for scholarly, educational, or personal use only within your university, and cannot be forwarded outside the university or used for other commercial purposes.

2024 Sage Publications, Inc. All Rights Reserved

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