India’s New Antitrust Regime

India passed a new Competition Act in 2002 to replace its Monopolies and Restrictive Trade Practices (“MRTP”) Act of 1969. Enforcement of the new legislation was, however, delayed by more than six years. First, the Indian Supreme Court held that the qualifications and appointment procedure specified for Members of the proposed Competition Commission of India (“CCI”) violated the Constitutional separation of powers between the executive