SC starts CCI hearing; decision likely to have bearing on future of competition law
The outcome of the case will likely have a significant impact on the way competition law will operate in India.

The apex court ruling in the case will help delineate the powers and functions of CCI and the tribunal, and decide the issue of whether the Appellate Tribunal can stay an investigation in a prima facie case of competition law violation. As per the legislative framework, CCI orders are subject to appeal at the Competition tribunal and ultimately at the Supreme Court.
The legitimacy of CCI crucially depends on the outcome of this hearing. The practice of the courts should be “deferential” in matters relating to expert bodies like the CCI. The Supreme Court in the matters dealing with electricity regulation has more or less adopted this approach, where the apex court does not revisit the principles but it only sees whether due process has been followed. Reversals of decisions lead to uncertainty and unpredictability, increasing transaction costs for stakeholders. According to experts “The statute (Competition Act, 2002) does not provide the respondent a hearing at the preliminary stage,” but the Appellate Tribunal thinks otherwise. This is being challenged by the CCI in the Supreme Court. Any decision against the CCI would mean a re-interpretation of the competition law.

Cost of 268 projects overshoots Rs 50,000 crore due to delay: Government
The government has admitted to cost overruns to the tune of Rs 50,295 crore in 268 of 578 ongoing projects, but did not give details of the timeframe for implementation.

Officers of the Ministry of Statistics and Programme Implementation, Planning Commission, Cabinet Secretariat and the Prime Minister’s Office continuously review the status of implementation of projects. Particular attention has been paid to major factors, like delay in land acquisition, fund constraints, delay in award of contracts and civil works, supply of equipment, etc. Efforts have also been made to identify system deficiencies relating to project formulation, functioning of Empowered Committees, Contract Management System and Arbitration.
The Indian government aims to spend $500 billion on infrastructure by 2012 and twice that amount in the following five years. However, the problem is not a dearth of money but the capacity of the existing manpower and the government alike to meet the targets. Overambitious targets without sufficient capacity to monitor, service and implement have lead to unmet targets. The problem is a dearth of engineers — or at least the civil engineers with the skill and expertise to make sure those ambitious projects are done on time and up to specifications.
According to a NYT article, young Indians’ preference for software over steel and concrete poses an economic conundrum for India. The information technology industry generates tens of thousands of relatively well-paying jobs every year. But that lure also continues the exodus of people qualified to build the infrastructure -to bolster the sort of industries that require good highways and railroads- more than high-speed Internet links to the West.

Lawmin backs DoT in war against watchdogs
The government’s legal arm has said policy decisions by the communications ministry cannot be questioned by the country’s chief auditor and an anti-corruption body.

Even if it favors a few players and is clearly a rent seeking activity by the minister? A clean chit to A. Raja! Why is Raja invincible?

No land acquisition by state administration: Jharkhand
Jharkhand will not acquire private land for prospective mega investors, instead the companies would have to purchase land before approaching the administration.

While direct negotiations with the farmers is the most appropriate way to ensure the “right price” to the famers; this requires clear land titles, protection of the property rights once acquired by the state and alternative land in case of a hold up problem.

New rule to cut royalty cost for FM players
The Copyright Board has approved a revenue sharing arrangement between radio broadcasters and music companies, which will lead to significant savings in royalty costs for private FM radio players.

It should also be a share of gross advertising revenue, instead of getting into complications of net revenue and what are allowable deductions. A share of revenue bypasses the problem of upward or downward swings in the business cycle and also bypasses the problem of being arbitrary and subject to inflation.

Cabinet clears revised nuclear liability Bill
The Union cabinet has cleared a revised version of a Bill to govern civil liability in the event of nuclear damage to push forward the process of increasing the share of atomic power in electricity generation.

It is welcome that the government and the Opposition have arrived at a consensus to pass the Civil Liability for Nuclear Damage Bill, 2010 an Act of law.

Regulators' autonomy shouldn't be compromised: RBI
The Reserve Bank of India has again voiced concern over its autonomy which, it said, should not be compromised either in fact or in perception.

Gas policy tweak to help NTPC beat linkage clause in projects
The government may amend its gas allocation policy to get around the rule that state-owned companies cannot start project before securing fuel linkage.

Performance of regulators may come under CAG scanner
The country's apex government auditor, the Comptroller and Auditor General (CAG) of India, may soon extend its ambit to evaluating not just the accounts of certain regulators, but also their performance.

Government may keep PSU auction details under wraps to check rigging
The government may seek SEBI’s permission to keep bidding data on follow-on share sales by state-run companies under wraps, as it looks to curb stock manipulation that leads to volatility in the market.

Revert to old bid rules, NHAI told
In a further twist in the controversy over the new bidding norms for the roads sector, the finance ministry has asked the country’s apex highways body, NHAI, to revert to the previous regime of awarding contracts.

Power plants with own coal mines under CEA scrutiny
The apex planning body for power sector will carry out a fresh survey of power plants that have captive coal mines as it looks to ensure that environment disputes did not derail projects which have made substantial progress.

Plan panel puts off JNNURM extension
Urban Development Ministry’s bid to expand the flagship Jawaharlal Nehru National Urban Renewal Mission (JNNURM) has been stalled by the Planning Commission.

PowerMin looks opposed to NTPC selling power at market price
The Power Ministry appears disinclined to allow NTPC to sell electricity from two of its projects at market price, as officials feel that power from the PSU should go to states.

Shipping ministry plans to merge existing port legislations into a consolidated act
Shipping ministry is understood to be working towards merging existing port legislations namely, Indian Ports Act, 1908 and Major Ports Act, 1963, into a single comprehensive Act.

Azad resents to lobbying against patent laws by MNCs
The health minister has objected to recent lobbying attempts by global drug-makers to drastically change the country’s intellectual property rules and restrain the ability of Indian pharmaceutical companies to make low-cost medicines.

Whistleblowers get the shield of 'truth'
The Supreme Court has given a big hand to those who let sunlight into the establishment, especially journalists and editors.

E-auction: Long on transparency, short on effect
The government’s strategy of reforming key infrastructure sectors by introducing e-auction schemes has given mixed results.