Competition Law and Competition Issues Affecting the Energy Sector in India

JOURNAL OF INFRASTRUCTURE DEVELOPMENT, Vol. 3, No.2, SAGE Publications India Private Limited, 2011

13 Pages Posted: 27 Jun 2011 Last revised: 12 Nov 2014

Aurobinda Panda

KIIT University - KIIT School of Law

Atul Patel

KIIT University - KIIT School of Law

Date Written: September 27, 2010

Abstract

India faces endemic electrical energy and peaking shortages. The Power Sector is plagued with mounting commercial losses due to various inefficiencies, colossal commercial and technical losses and increasing subsidy burden on the states. These shortages have had a very detrimental effect on the overall economic growth of the country. In order to revitalise the sector and improve the techno-economic performance, the Government of India initiated the reform process in 1991. This paper analyses the pre-reform era and identifies the key concerns which led to the initiation of the reforms. It also analyses the likely impact of the major policy and regulatory initiatives that have been undertaken since 1991 including the provisions of the new enactments which have come into force eventually in the form of The Electricity Act, 2003. This paper details out the key features of the Act and its likely impact on the Indian electricity industry in the emerging scenario. The paper also discusses major issues like role of Regulator in the new regime, issue of open access, power trading, introduction of power markets and role of Appellate Tribunal for Electricity in harmonizing the orders of the various regulators.

Keywords: Competition Law, Power Sector, Techno-Economic, India Electricity Industry

JEL Classification: K21, Q43

Suggested Citation

Panda, Aurobinda and Patel, Atul, Competition Law and Competition Issues Affecting the Energy Sector in India (September 27, 2010). JOURNAL OF INFRASTRUCTURE DEVELOPMENT, Vol. 3, No.2, SAGE Publications India Private Limited, 2011. Available at SSRN: https://ssrn.com/abstract=1873084

Aurobinda Panda (Contact Author)

KIIT University - KIIT School of Law ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India
+91-9658577326, +91-9937161118 (Phone)

Atul Patel

KIIT University - KIIT School of Law ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India

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