The Data Overlap: Competing For Jurisdiction

In this article, the authors analyse the addressal of the jurisdictional issues related to the regulation of data by CCI and DP Board. By examining the seminal cases of Bharti Airtel and Monsanto Holdings, which involve conflicts between the CCI and sectoral regulators such as TRAI, the authors highlight the nature of sectoral regulators and strive to locate the DP Board within this framework. Analysis of international jurisprudence on this is further supported by reference to the Meta decision, which highlighted the need for mandatory consultation with data authorities before the assertion of jurisdiction by the competition authority. The authors similarly advocate a consultation mechanism in data-related issues by CCI to avoid delays. Continue reading The Data Overlap: Competing For Jurisdiction