CREATIVE INDUSTRY REGULATION IN TIMES OF CRISIS: LESSONS FROM COVID-19 ENFORCEMENT AND HEALTHCARE CARTEL POLICIES ACROSS INDIA, AUSTRALIA, AND SINGAPORE
DOI:
https://doi.org/10.29121/shodhkosh.v6.i1s.2025.6978Keywords:
Competition Law, Cartel Regulation, Crisis Management, COVID-19 Enforcement, Healthcare Cartels, Comparative Legal Study, India, Australia, SingaporeAbstract [English]
Periods of global crisis significantly disrupt creative industries, particularly the visual and performing arts, where artistic production is closely linked to institutional support, regulatory frameworks, and cultural policy. This paper examines creative industry regulation in times of crisis by drawing comparative lessons from COVID-19 enforcement measures and healthcare cartel policies implemented in India, Australia, and Singapore. Through an interdisciplinary policy analysis, the study explores how emergency regulatory responses—originally designed for essential sectors such as healthcare—offer valuable insights for governing creative and design-led industries during periods of uncertainty. The research contextualizes these regulatory approaches within the creative economy, emphasizing their implications for artistic labour, cultural organizations, and design-driven enterprises. By comparing national responses, the study identifies key governance themes including regulatory flexibility, collaborative compliance, and crisis-driven innovation. The paper argues that adaptive regulatory models can support continuity in creative production while safeguarding artistic autonomy. The findings contribute to emerging scholarship on cultural governance by proposing transferable policy lessons that strengthen resilience in visual and performing arts ecosystems. This research offers strategic insights for policymakers, cultural institutions, and creative practitioners seeking sustainable regulatory frameworks for future crises.
References
A National Association Representing Companies in the Medical Technology Industry. It Aims to Ensure benefits of modern, Innovative and Reliable Medical Technology are Delivered Effectively Providing Better Health Outcomes to the Australian Community.
ACCC v Visy Industries Holdings Pty Ltd (No3) [2007] FCA 1617.
ACCC v. BlueScope Steel Limited., (2020) The Federal Court of Australia,
ACCC v. Tasmanian Ports Corporation Pte. Ltd., (2021) Federal Court of Australia.
ACCC, ‘Immunity and Cooperation Policy for Cartel Conduct’ (ACCC, 2021)
ANZ Roofing Pty Ltd. & Ivy Contractors Ply. Ltd., (2020).
Australian Egg Corporation Case, Full Federal Court, ACCC Release No MR 161/17.
BP Australia and others, s87 B undertaking, ACCC.
Bromic Pty Ltd. (2020).
Builder Association of India v Cement Manufacturers Association&others, Case No 29, 2010, CCI.
CCCS, 'Lift Part Suppliers Commitments to CCCS to Facilitate Lift Maintenance in HDB Estates, 2019.
CCCS, 'Penalties on Ball Bearings Manufacturers', Media Release 2014.
CCCS, Infringement Decision in the matter of the Competition Act (Cap 50B) in relation to the provision of electrical and building works in public residential developments (Case No. CCS 500/0004/09), 15 May 2010.
CCS 500/003/08 (Coach Bus Services).
CCS 600/008/06 (Pest Control Operators).
CU Water Services Pte. Ltd., Crystalene Product Pte. Ltd. & Crystal Clear Contractors Pte. Ltd. (2020).
Carmen M. Reinhart & Kenneth S. Rogoff, This Time is Different: Eight Centuries of Financial Folly (Princeton University Press 2009). DOI: https://doi.org/10.1515/9781400831722
Cartelisation in respect of Zinc Carbon Dry Cell Batteries Market in India v Eveready Industries India Ltd and others, Suo Motu Case No 02 of 2016, CCI.
Case No CCCS 500/7002/14 (Fresh Chicken Distributors).
Case No CCS 500/001/11 (Fixing FDW Salaries).
Chad P. Bown, World Trade Report 2021, WORLD TRADE ORGANIZATION, pp 93.
Charles McConnell, Singapore exempts covid-19 collaborations until 2021(July 2020).
Chicago Board of Trade v United States 246 US 231 (1918).
Commission Decision, Stichting Baksteen (29 April 1994) (IV/34.456).
Commission Decision, Synthetic Fibres (4 July 1984) (IV/30.810).
Competition Act 2002.
Competition Act 2004 (Singapore).
Competition Commission of India, In Re: Cartelisation in Industrial and Automotive Bearings, Suo Motu Case No. 05/2017.
Competition Commission of India, In Re: Chief Materials Manager, South Eastern Railway, Reference Case No. 03/2016.
Competition and Consumer Act 2010 (Australia).
Country Care acquittal, ACCC & CDPP Release No 77/21.
Covid 19: Protecting People and Societies, OECD Policy Responses to Coronavirus (OECD) March 2020).
Dr. Nicole Rosenboom, Crisis Cartels: A COVID 19 Side Effect, OXERA (2021).
Excel Crop Care Ltd v Competition Commission of India (2017) 8 SCC 47.
Express Industry Council of India v. Jet Airways (India) Ltd. & Others, Case No. 30 of 2013, CCI.
Frances X. Frei, The Four Things a Service Business Must Get Right, HARVARD BUSINESS REVIEW (April 2008).
Frederic Jenny, Marcel Boyer and Christophe Bovet, Competition Policy and The Covid-19 Opportunity, The Concurrences, May 2020.
Garuda ordered to pay $19 million for price fixing, ACCC Release No 85/19.
Government to suspend Competition Law to Support Isle of Wight Ferry Routes, Competition Law to be Temporarily Suspended to Allow Ferry Operators to Maintain a Crucial Lifeline Between the Island and the Mainland, Government of United Kingdom, (March 2020).
High Court refuses Yazaki $46 million appeal, ACCC Release No. 211/18.
In Re Alleged Cartelisation in Supply of LPG Cylinders, Suo Motu Case No 01 of 2014, CCI.
In Re Suo Motu against LPG Cylinder Manufacturers, Case No03of2011,CCI.
Joint statement by the European Competition Network (ECN) on the application of competition law during the Corona crisis, European Competition Network, 2020.
Joseph E. Stiglitz, Freefall: America, Free Markets, and the Sinking of the World Economy (W. W. Norton & Co. 2010).
K-Line convicted of criminal cartel conduct and fined $34.5 million, ACCC Release No 134/19.
K. K. Rai & S. Agarwal, Crisis Cartel Regime Vis-a-vis Covid Pandemic in the Healthcare Sector: A Comparative Legal Study of India, Australia and Singapore, Rabindra Bharati Journal of Philosophy, 0973-0087, July 2022.
K. K. Rai, A. Verma, S. Mohammad, S. K. Mishra, Criminalisation Collusion: A Comparative Analysis of Cartel Enforcement in India, Australia and Singapore, Journal of Computer Fraud and Security, 1873-7056, 2024
Margaret C. Levenstein and Valerie Y. Suslow, What Determines Cartel Success, Journal of Economic Literature, Vol XLIV (March 2006), pp 43-95. DOI: https://doi.org/10.1257/002205106776162681
Ministry of Corporate Affairs v Apollo Tyres Ltd. and others, Reference Case No 08 of 2013, CCI.
Mount Penny Coal cartel proceedings, ACCC Release No MR 92/15.
NYK convicted of criminal cartel conduct and fined $25 million, ACCC Release No MR 126/17.
Pecuniary Penalties for Competition Law Infringements in Australia, OECD (2018).
Policy of OECD, Coronavirus (Covid 19): SME Policy Responses (Covid-19), 2020.
Press Release No 40/2021-22, CCI.
Report of OECD, Crisis Cartels, (18 October 2011).
Report of the European Commission, Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak, 08 April 2020, (2020/C 116 I/02) (Temporary Framework).
Shamsher Kataria v Honda Siel Cars India Ltd and others, Case No 11 of 2011, CCI.
Shardul Amarchand Mangaldas, ‘Vertical Agreements in Indian Competition Law’ (4 March 2021).
Sherman Act 1890.
Shin Yong Construction Pte. Ltd., Geoscapes Pte. Ltd. & Hong Power Engineering Pte. Ltd. (2020).
Suo Motu Case No 03 of 2014, CCI. DOI: https://doi.org/10.4236/crcm.2014.35057
The Australian Competition & Consumer Commission (ACCC), Cartels Deterrence and Detection, A Guide for Government Procurement Professionals January 2020.
The Australian Competition & Consumer Commission (ACCC), Coordinating the Supply of Medical Equipment and Related Supplies in Response to the Covid-19 Pandemic September 10, 2020.
The Australian Competition & Consumer Commission (ACCC), Medical Technology Association of Australia Application for Authorisation Interim Authorisation Decision, March 25 2020.
The Australian Competition & Consumer Commission (ACCC), National Pharmaceuticals Services Association (NPSA), September 10 2021.
The CCCS Guidance on Collaboration Between Competitors to Supply Essential Goods and Services During the COVID- 19 Pandemic July 20 2020.
The Competition Commission of India (CCI), Fair Play, Quarterly Newsletter between Apr-June 2020.
The Competition and Consumer Commission of Singapore (CCCS), Guidelines Note on Collaborations between Competitors in Response to the COVID-19 Pandemic July 20 2020.
The Promotion of Competitive Neutrality by Competition Authorities, OECD Global Forum on Competition Discussion Paper, OECD (2021).
Wallenius Wilhelmsen Ocean AS, (2021) The Federal Court of Australia.
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Copyright (c) 2025 Kshitij Kumar Rai, Dr. Shoaib Mohammad, Dr. Satish Kumar Mishra, Dr. Arti Sharma, Dr. Ramesh Prajapati, Rajiv Kumar
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