Predatory Pricing and Competition Law Reform

- 21 Jun 2025
In News:
- The Competition Commission of India (CCI) has recently proposed the Determination of Cost of Production (DCOP) Regulations, 2025 to replace the older 2009 norms. A major reform introduced is the use of Average Total Cost (ATC) as a key metric to determine pricing in predatory pricing cases, while excluding ‘market value’ as a cost measure in such assessments.
- This development is significant in the context of India's broader competition law landscape, where concerns around market dominance and fair pricing are central to protecting consumer interest and ensuring a level playing field.
Understanding Predatory Pricing
- Predatory pricing refers to the practice of setting prices below cost to eliminate competitors from the market. Although consumers may benefit from low prices in the short term, the long-term consequence is often the emergence of monopolies, leading to higher prices and fewer choices. Due to its anti-competitive nature, this pricing strategy is banned in most jurisdictions globally.
- In India, predatory pricing is classified under ‘abuse of dominance’ as per the Competition Act, 2002, specifically under the broader category of unfair pricing or exclusionary conduct.
Legal Criteria for Establishing Predatory Pricing in India
For any allegation of predatory pricing to hold, three conditions must be satisfied:
- Dominance in the Market: The firm accused must hold a dominant position in the relevant market.
- Pricing Below Cost: The firm must have engaged in below-cost pricing, though defining “cost” has remained contentious. This raises the question—should cost mean fixed, variable, or total?
- Fixed costs are those independent of output (e.g., rent, IT systems).
- Variable costs change with production (e.g., raw materials, logistics).
- Total cost is the sum of fixed and variable costs.
- Intent to Eliminate Competition: There must be clear evidence that the pricing strategy was intended to exclude competitors from the market.
While dominance is usually straightforward to assess, determining what constitutes “cost” and proving anti-competitive intent remain legally complex.
Regulatory Evolution: From AVC to ATC
- Under existing regulations, the CCI had discretion to choose the cost metric on a case-by-case basis. The norm was to justify the use of any metric other than Average Variable Cost (AVC).
- A notable application was in the MCX vs. NSE case, where the Commission adopted the Long Run Average Incremental Cost (LRAIC) due to the network externalities inherent in stock exchange services, justifying inclusion of fixed costs.
- The new 2025 draft regulations now explicitly include Average Total Cost (ATC) as a valid benchmark for cost evaluation. ATC is widely accepted in industrial economics as a realistic representation of firm cost efficiency. By allowing ATC as a formal benchmark and excluding ‘market value’, the CCI aims to bring clarity and consistency in below-cost pricing investigations.
Why this Reform Matters
This proposed change holds importance for several reasons:
- It allows for a more holistic and realistic cost assessment, especially in industries where fixed costs form a significant part of the cost structure.
- It improves regulatory certainty and empowers the CCI to address anti-competitive practices in both legacy sectors (e.g., oil & gas) and emerging sectors (e.g., artificial intelligence and digital platforms).
- The reform is crucial at a time when the CCI’s budget has been declining year-on-year, limiting its enforcement capability. Simplified legal frameworks can enhance effectiveness without overburdening institutional resources.
Strengthening Inclusive Education for Children with Disabilities in India

- 21 Jun 2025
In News:
In a major step towards inclusive education, the Government of India signed a tripartite Memorandum of Understanding (MoU) in 2025 between the Department of Empowerment of Persons with Disabilities (DEPwD), National Institute of Open Schooling (NIOS), and National Council of Educational Research and Training (NCERT). The MoU aims to enhance curriculum reform, institutional coordination, and accessibility for children with disabilities across India’s education system.
What is Inclusive Education?
Inclusive education refers to a model where children with and without disabilities learn together in mainstream classrooms. It is supported by adapted curricula, accessible infrastructure, and individualised support mechanisms. The Rights of Persons with Disabilities (RPWD) Act, 2016 legally mandates inclusive education environments in India.
Why Inclusive Education Matters
Inclusive education is not merely a policy choice but a constitutional, social, and developmental imperative:
- Right to Education: Under Article 21A of the Constitution and the RTE Act, 2009, every child aged 6–14 has the right to free and compulsory education. This includes children with special needs (CWSN).
- Equity and Access: Reports by UNESCO highlight that 29 million children are out of school in South Asia, many of them with disabilities. Ensuring their inclusion addresses systemic exclusion.
- Social Transformation: Inclusive classrooms reduce stigma, promote empathy, and facilitate social acceptance of persons with disabilities.
- Human Capital Development: Educating CWSN enhances their ability to participate in the economy, contributing to innovation, productivity, and nation-building.
- Global Commitments: India has ratified the UN Convention on the Rights of Persons with Disabilities (CRPD, 2007) and is committed to SDG 4, which seeks inclusive and equitable quality education for all by 2030. The National Education Policy (NEP) 2020 also stresses disability inclusion at all education levels.
Key Data Points Highlighting the Need for Intervention
- According to the 2011 Census, around 7% of Indian children (0–19 years) have disabilities. However, data from UDISE+ 2019–20 reveals that less than 1% of children enrolled at the primary level are children with disabilities.
- In 2018–19, around 21 lakh CWSN were covered under Samagra Shiksha, supported by only 27,774 special/resource teachers across the country. This highlights the urgent need for both greater coverage and trained human resources.
Government Initiatives Promoting Inclusive Education
- The 2025 MoU between DEPwD, NIOS, and NCERT is aimed at reforming the curriculum to accommodate diverse learners. It also recognises special schools run under the Deendayal Disabled Rehabilitation Scheme (DDRS) as SAIEDs (Schools for Accessible and Inclusive Education for Disabled), expanding academic options for CWSN.
- The National Education Policy 2020 mandates the integration of children with disabilities in regular classrooms and promotes universal access and equity.
- Under Samagra Shiksha, the government provides financial support of ?3,500 per CWSN annually. Additional provisions include stipends for girls (up to Class XII), appointment of special educators, resource rooms, and home-based education for children with severe disabilities.
- NCERT’s Barkha Series, based on the Universal Design for Learning (UDL) framework, offers accessible reading materials in both print and digital formats, tailored to the diverse needs of learners.
- The RPWD Act 2016 mandates the creation of inclusive learning environments, with accessible buildings, assistive devices, and necessary support services.
UN Oceans Conference 2025

- 21 Jun 2025
In News:
The third United Nations Oceans Conference (UNOC) was recently held in France, witnessing major developments in international marine conservation. One of the most significant outcomes was the near-finalisation of the Biodiversity Beyond National Jurisdiction (BBNJ) agreement, also referred to as the High Seas Treaty.
As of now, 56 countries have ratified the treaty out of the required 60, bringing it close to the threshold for becoming legally binding. Notably, India and the United States have not yet ratified the agreement, although India has officially stated it is in the process of doing so.
About the BBNJ Treaty
- The BBNJ Treaty is a legally binding agreement developed under the framework of the United Nations Convention on the Law of the Sea (UNCLOS).
- Its aim is to regulate the use and protection of biodiversity in areas of the ocean that lie beyond national jurisdictions, also known as the high seas.
- The core objectives of the BBNJ Treaty include the creation of marine protected areas (MPAs) in international waters, regulation of marine genetic resources, enforcement of environmental impact assessments (EIAs) for activities in these regions, and capacity-building and technology transfer to support developing countries.
- The treaty is crucial because the high seas cover about 64% of the ocean’s surface and are largely unregulated.
- The BBNJ aligns with the Convention on Biological Diversity (CBD) target of conserving 30% of marine and coastal areas by 2030. Once the treaty secures the required number of 60 ratifications, it will enter into force after a 120-day waiting period. This will pave the way for the first Conference of Parties (COP) under the BBNJ to be held by late 2026.
Challenges to Implementation
- A major hurdle to the implementation of the BBNJ is the equitable sharing of benefits from marine genetic resources found in the high seas. These resources include unique life forms from deep-sea ecosystems that could have commercial applications in fields like pharmaceuticals and biotechnology.
- Since the high seas are global commons and not owned by any single nation, there is no clear consensus on how benefits should be shared.
- Environmental groups have also raised concerns that without a strong ban on resource extraction, the treaty may fall short of its conservation goals and could lead to unchecked exploitation of oceanic biodiversity.
Key Outcomes and Commitments from UNOC 2025
While the treaty itself is still awaiting full ratification, the conference saw a number of voluntary national and institutional commitments toward marine protection and sustainable ocean governance:
- The European Commission pledged €1 billion to support ocean conservation, marine science, and sustainable fisheries.
- French Polynesia committed to creating the world’s largest marine protected area, covering approximately five million square kilometres, equivalent to its entire exclusive economic zone (EEZ).
- New Zealand announced a contribution of $52 million to enhance ocean governance, science, and management in the Pacific Islands region.
- Germany launched an immediate action programme worth €100 million for the recovery and clearance of legacy munitions in the Baltic and North Seas.
- A coalition of 37 countries, led by Panama and Canada, initiated the High Ambition Coalition for a Quiet Ocean, the first global initiative to address ocean noise pollution.
- Italy committed €6.5 million to strengthen surveillance by the Coast Guard in marine protected areas and around oil platforms.
- Canada contributed $9 million to the Ocean Risk and Resilience Action Alliance, aiming to help Small Island Developing States (SIDS) and coastal countries build resilience against climate change using nature-based solutions.
- Spain pledged to establish five new marine protected areas, increasing its protected marine territory to 25%.
- A group of UN agencies introduced the One Ocean Finance initiative, which aims to mobilize investment from blue economy sectors to fund ocean sustainability.
Operation Sindhu

- 21 Jun 2025
In News:
As tensions escalate in West Asia due to the ongoing Iran-Israel conflict, the Government of India has launched Operation Sindhu to evacuate Indian nationals, particularly students, stranded in conflict-affected regions of Iran.
- The first flight under Operation Sindhu, carrying 110 Indian students, successfully landed in New Delhi, marking the beginning of the evacuation process.
What is Operation Sindhu?
Operation Sindhu is a government-led evacuation mission launched in 2025 to ensure the safe repatriation of Indian citizens from war-hit Iran.
- Launched by: Ministry of External Affairs (MEA), Government of India
- Assisted by: Indian Embassies in Iran and Armenia
Objectives:
- To safely evacuate Indian citizens, particularly students, from volatile zones in Iran.
- To coordinate safe land-based exit routes through Armenia, due to restricted or dangerous air routes over Iran.
Key Features of the Operation:
Feature Details
Evacuation Route Northern Iran → Yerevan (Armenia) → New Delhi
Monitoring Real-time updates and continuous monitoring by Indian missions
Coordination Close coordination with governments of Iran and Armenia
Control Room 24/7 MEA Control Room operational in New Delhi
India’s Major Air Evacuation Missions (Chronological Overview):
Mission Name Year Objective
Vande Bharat Mission 2020 Evacuation of Indians stranded abroad during the COVID-19 pandemic
Operation Devi Shakti 2021 Evacuation from Afghanistan after the Taliban takeover
Operation Ganga 2022 Evacuation from Ukraine amid Russia-Ukraine war
Operation Kaveri 2023 Rescue of Indian nationals from conflict-hit Sudan
Operation Ajay 2023 Repatriation of Indians from Israel amid regional conflict
Operation Sindhu 2025 Ongoing evacuation from Iran amid Iran–Israel escalation
Significance for India
- Diaspora Safety: Reinforces India’s commitment to protecting its citizens abroad.
- Diplomatic Efficiency: Reflects India’s growing capabilities in executing rapid and complex evacuation logistics in volatile geopolitical environments.
- Soft Power and Foreign Policy: Enhances India’s global image as a responsible nation ensuring citizen welfare, even beyond borders.
Fattah Hypersonic Missile

- 21 Jun 2025
In News:
In light of intensifying hostilities between Iran and Israel, Iran has deployed its advanced Fattah hypersonic ballistic missile, marking a significant shift in regional military capabilities and raising concerns over existing air defence systems such as Israel’s Iron Dome.
About Fattah Hypersonic Missile
- Developed by: Aerospace Force of the Islamic Revolutionary Guard Corps (IRGC), Iran
- Unveiled: November 2022 (on the 11th death anniversary of missile scientist Hassan Tehrani Moghaddam)
- Inducted: 2023
- Name Meaning: “Fattah” translates to “victor” or “conqueror”
Key Capabilities:
Feature Specification
Speed Mach 13–15 (approx. 15,000 km/h)
Range 1,400 km (planned upgrade to 2,000 km)
Mobility Capable of mid-air directional changes
Stealth Forms a plasma shield that blinds radar & blocks radio signals
Deployment Used in attacks against Israeli territory
- A more advanced version, Fattah-2, with a range of 1,500 km, is reportedly under development.
Strategic Significance
- The missile’s ability to evade modern air defence systems—such as Iron Dome and David’s Sling—makes it a potential game-changer.
- Iran claims Fattah is capable of operating within the upper atmosphere with unpredictable trajectory, making interception extremely difficult.
- This hypersonic manoeuvrability marks a leap over traditional ballistic missiles that follow a predictable parabolic trajectory.
Comparative Global Context
Iran claims to be the fourth country globally to possess operational hypersonic missiles, after:
- Russia
- China
- India
Other nations like the USA and North Korea are developing or testing hypersonic systems but have not fielded them in combat as Iran reportedly has.
Operational History
- October 2024: Fattah missiles were reportedly used by Iran in a prior attack on Israeli targets.
- 2025 Escalation: The missile was deployed during “Operation Honest Promise 3,” marking the 11th wave of retaliatory attacks by Iran on Israeli territory.
Iran’s Broader Ballistic Missile Arsenal
In addition to Fattah, Iran possesses a wide range of short-to-long range missiles, including:
- Fateh Series: Short-range solid-fuel missiles (Fateh-110, Fateh-313)
- Zolfaghar and Qasem: Extended versions of Fateh series
- Emad: Long-range liquid-fuel missile with 1,700 km range
- Sejjil: Solid-fuel missile with 2,500 km range, speeds up to 17,000 km/h
- Others: Kheibar, Ghadr-110, Fajr-3, Shahab-3, Ashoura, Haj Qasem, Basir
Implications for India and the Region
- Regional Arms Race: Iran’s hypersonic capability may trigger further military build-up in the Middle East.
- India’s Position: As one of the few nations with hypersonic R&D, India must monitor evolving doctrines and maintain strategic balance.
- Global Security: The usage of such missiles in conflict zones raises concerns over escalation, proliferation, and undermining of existing missile defence systems.