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SYNOPSIS
1. INTRODUCTION
2. DEFINITIONS
3. ANTI-COMPETITIVE AGREEMENTS
4. ABUSE OF DOMINANCE POSITION
5. REGULATION OF COMBINATIONS
6. COMPETITION COMMISSION OF INDIA
7. MISCELLANEOUS PROVISIONS
8. CONCLUSION
INTRODUCTION
Based on Articles 38 and 39 of the Constitution of India.
Introduction ..Contd.
1.
2.
2.
3.
3.
4.
5.
4.
6.
No combinations regulation
5.
7.
No requirement of registration of
agreements
6.
7.
Distinction ..Contd.
8.
DEFINITIONS
Section 2 defines various expressions used in the Act.
Important definitions:
1. Cartel: It includes an association of producers, sellers,
distributors, traders or service providers who, by
arrangement amongst themselves, limit, control or
attempt to control the production, distribution, sale or
price of, or trade in goods or provision of services.
2. Commission: Means the Competition Commission of
India established under Section 7(1).
Definitions..Contd.
Definitions..Contd.
Definitions..Contd.
Definitions..Contd.
ANTI-COMPETITIVE AGREEMENTS
Section 3 provides for prohibition of entering into anticompetitive agreements.
No enterprise or association of enterprises or
person or association of persons shall enter into
any agreement in respect of production, supply,
distribution, storage, acquisition or control of
goods or provision of services, which causes or
likely to cause an appreciable adverse effect on
competition within India .
Any agreement entered into in contravention of
this provision shall be void.
Anti-competitive AgreementContd.
Anti-competitive AgreementContd.
Anti-competitive AgreementContd.
Anti-competitive AgreementContd.
Dominant
REGULATION OF COMBINATIONS
Sections 5 & 6 deal with combination of enterprises and persons.
Regulates the operation and activities of combinations,
a term, which contemplates acquisitions, mergers or
amalgamations.
Competition Act is not confined to transactions strictly
within the boundaries of India but also such
transactions involving entities existing and/or
established overseas.
The Act has made the pre-notification of combinations
voluntary for the parties concerned.
if the parties to the combination choose not to notify
the CCI, as it is not mandatory to notify, they run the
risk of a post-combination action by the CCI, if it is
discovered subsequently, that the combination has an
appreciable adverse effect on competition.
Rider to the provision - CCI shall not initiate an inquiry
into a combination after the expiry of one year from the
Threshold:
In India
Applicabl
e to
As sets
(In
Rupees)
Turnover
(In
Rupees)
Individual
parties
1000 cr.
3000 cr.
Group
4000 cr.
12000 cr.
Applicable to
In India
and
outside
Assets
Turnover
Total
Minimum
Indian
Component
out of total
Total
Minimum
Indian
Component
out of total
Individual
parties
$500 m
$
1500
m
Rs. 1500cr
Group
$
6000
Rs. 1500cr
COMPETITION COMMISSION
Sections 7-40 deal with the Competition Commission, its
composition, powers, duties, jurisdiction, inquiries,
procedures for inquiriesetc.
Competition Commission of India (CCI) is the apex
body vested with the responsibility of:
a. eliminating practices having adverse effect on
competition
b. promoting and sustaining competition
c. protecting the interest of the consumers and
d. ensuring freedom of trade carried on by other
participants in India
Successor to the MRTP Commission.
Competition Commission..Contd.
Competition Commission..Contd.
MISCELLANEOUS PROVISIONS
1. Power to grant interim relief (S.33)
2. Power to award compensation (S.34)
3. Power of Commission to regulate its own procedure(S.36)
4. Constitution of Fund (S.51)
(a.) All government grants received by the Commission,
monies received as costs and fees received under the Act to
constitute fund.
(b.) Fund to be applied for meeting salaries and allowances
to those employed to the Commission and other
administrative expenses.
(c.) Fund to be administered by those appointed by the
Chairman.
Misc. Provisions..Contd.
5. Penalties:
a. Contravention of orders of Commission (S.42) liable
to be detained in civil prison for 1 year or penalty upto
Rs.Ten Lakhs as the Commission directs.
b. Penalty for failure to comply with directions of
Commission and Director General (S 43) Penalty of
Rs.One lakh for each day of failure.
c. Penalty for making false statement or omission to
furnish material information (S.44) penalty of not less
than Rs. 50 lakh upto Rs. One crore.
d. Power to impose lesser penalty (S.46)
CONCLUSION
Vigorous Competition vital to innovation, strong
and effective markets, consumer interest and
productivity growth in the economy.
Liberal trade policy along with sound
competition policy by preventing anticompetitive business practices and unnecessary
government intervention- essential to achieve
maximum economic efficiency.
A good competition policy , along with a sound
competition law, helps in fostering competition,
economic efficiency, consumer welfare and
freedom of trade, which should equip the Govts
in meeting the challenges of globalization by
increasing competition in local and national