Indias competition law 3 competition act, 2002 competition act, 2002 indias antitrust law is embodied in the competition act, 2002 amended by the competition amendment act, 2007 and became fully operational from 1 june 2011 when the provisions regulating mergers and acquisitions were notified. Overview of competition law provisions of competition act, 2002. Essay on the competition act, 2002 economics discussion. The focus of the new law is towards the following areas affecting competition namely. The committee submitted its report to the central government on the 22 nd may 2000. Consumer can directly approach the cci by filling an application with 5000 prescribed fees in case of individualhufngos. Difference between mrtp act and competition act with. Competition act 1998 and the enterprise act, 2002 were introduced. The act under section 31 prevents any enterprise or association from entering into any agreement which causes or is likely to cause an appreciable adverse effect on competition aaec within india. It replaced the archaic monopoly and restrictive trade practices act, 1969. Salient features of competition act q2 competition law.
In this article have explained the basic objectives of the competition act 2002. Download free sample and get upto 30% off on mrprental. The competition act, 2002 was enacted to repeal the mrtp act. The new act was to fulfill the following objectives. The pattern of the law in line with prevailing pattern of modern competition laws, the act seeks to 1. It was subsequently amended by the competition amendment act, 2007. The competition commission of india was established in october 2003.
After some refinements, following extensive consultations and discussions with all interested parties, the parliament passed in december 2002 the new law, namely, the competition act, 2002. Anticompetitive agreements under the competition act. Competition act, 2002 bare acts law library advocatekhoj. The competition act, 2002 objective of the competition act. An act to provide, keeping in view of the economic development of the country, for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom. Competition from many different companies and individuals through free enterprise and open markets is the basis of the u. Procedure for deciding a case where members of a bench differ in opinion. Fundamentally the competition act, 2002 is a law that addresses antitrust issues. Prevent practices having adverse effects on competition, advertisements.
The competition act, 2003 provides for the setting up of a competition commission of india cci with a view to. The competition provisions commenced in mid2002, and the merger provisions at the start of 2003. The relevant act is competition act 2002 and its amendment act 2007. Key concepts and significant features of competition act, 2002. However the operative provisions of the competition act would be brought into force in two phases in may, 2009 and in june, 2011 respectively. An act to provide, keeping in view of the economic development of the country, for the establishment of a commission to prevent practices having adverse effect on competition, to. The competition act of 2002 was passed by the parliament of india so as to form a commission to oversee the business operations of companies and individuals in the country following fair practices of competition and economic growth of the country. The us act, the sherman act, 1890 which prescribes agreements in restraint of trade, appears to be the earliest antitrust statute in the world. When firms compete with each other, consumers get the best possible. The competition act 1998 plays a major role with the enterprise act 2002 in framing the competition policy in the uk. Cci has power to act suomot or on the reference from government. Sep 02, 2015 the competition act, 2002 was enacted to repeal the mrtp act. Government of india passed the competition act in the year 2002. The broad objectives of the competition act, as laid down in its preamble, are.
The competition commission of india cci had replaced the monopolies and restrictive trade practices commission, 1969. Overview of competition law provisions of competition. The competition act provides for the prevention of anti competitive agreements, abuse of dominant position and combinations. Objectives of competition act 2002 competition act 2002 notified in jan 2003 for establishment of a commission.
Overview of competition act, 2002 amity university. The period covered by the study ends with the coming into force of the competition act, 2002, which represented an important watershed in irish competition law. Legal aspects of business paper code08 commerce duration. The competition act, 2002 was enacted by the parliament of india and governs indian competition law. Competition act, 2002 main features anticompetitive practices, section 3 abuse. The competition act is one such legislation which aims to weed out anti competitive practices. It extends to set up of a commission to prevent any adverse effects or ill practices on the competition and hence intends to promote and sustain competition in the market to protect the interests of consumers and ensure freedom.
The competition provisions commenced in mid 2002, and the merger provisions at the start of 2003. Competition act 2002 part1 legal aspects of business. Merger reports by the competition authority between 1991 and 2002, however, were published. Curtail abuse of dominance, iii promote and sustain competition in market, iii. On jan 2003 the president of india gave his assent. This report discusses the legislative history of the competition act and analyzes salient jurispruden tial trends in competition law enforcement over the period of last four years. The background to the enactment of the competition act was succinctly explained by.
The act is designed to regulate the operation and activities of combinations, a term, which contemplates acquisition, mergers or amalgamations. Dmpq what are the sailent features of the competition act. The two try to harmonize the completion policy of the uk with that of the eus. This act applies to the whole of republic of india except for jammu and kashmir. It replaced the archaic the monopolies and restrictive trade practices act, 1969. Features of competition act, 2002 the focus of the new. If the members of a bench differ in opinion on any point, they shall state the point or points on. The competition act, 2002 12 of 2003 contents sections page chapter i preliminary 1. Detailed answer for question objectives of the competition act, 2002 as amended, the act. Shyam khemani, indias competition policy reforms, 30 intl bus. Why you should be concerned about the competition act. An act to provide, keeping in view of the economic development of the country, for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests.
The act clearly envisages that an agreement which is contravention of section 31 shall be void. Knowing the difference between mrtp act and competition act, will help you understand the provisions relating to trade practices in a better way. Pdf notes on competition act ajay r kamath academia. Competition act, 2002, section 18 irish statute book. The salient features of competition act 2002 answers. History and development of competition law in india. The competition act regulates mergers and acquisitions which results in distortion of the market. In this essay we will discuss about the competition act and commission. Under this legislation, the competition commission of india was established to prevent activities that have an adverse effect on competition in india app features. Anticompetitive agreements 5 prohibition of abuse of dominant.
The monopolies and trade restrictive act, 1969, had become obsolete and was influencing the growth of the economy badly. Salient features anti agreements enterprises, persons or associations of enterprises or persons, including cartels, shall not enter into agreements in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which cause or are likely to cause an appreciable adverse impact on competition in india. O prevention of practices that adversely effect the competition on the country. How competition works c ompetition in the marketplace is good for consumers and good for business. Mar 26, 2019 the competition commission of india cci had replaced the monopolies and restrictive trade practices commission, 1969. The object of the competition act, 2002 act for short is to preserve and promote competition and to prevent anti competitive business practices with minimal government intervention. An act to provide, keeping in view of the economic development of the country, for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in india, and for matters. Mohammad asad mahmood, critical analysis of competition law in india. Mrtp act monopolistic and restrictive trade practice.
Dec 01, 2017 section 3 of the competition act, 2002. Competition commission with specific powers and functions related to promotion of competition in india and. Competition act, 2002 competition commission of india. Hie sonu, the preamble states that this is an act to establish a commission to prevent anticompetitive practices, promote and sustain competition, protect the interests of the consumers and ensure freedom of trade in markets in india. Essay on the subject matter of competition act essay on the objectives of competition. Dmpq what are the sailent features of the competition act, 2002. Monopolies and restrictive trade practices mrtp act, 1969 was revoked and replaced by competition act, 2002. Definitions 1 chapter ii prohibition of certain agreements, abuse of dominant position and regulation of combinations prohibition of agreements 3. Repealed by the competition amendment act, 2007, sec. Competition commission of indiacci is advocacy for competition act 2002.
The us act, the sherman act, 1890 which prescribes agreements in restraint of trade, appears to be. The draft competition law was drafted and presented to the government in november 2000. Explain the meaning, relevance and features of the. Buy the competition act, 2002 by pdf online from company secretary. Mrtp act, was enacted to deal with monopolistic, restrictive and unfair trade practices, but due to certain limitations, competition act. The competition act 2002 was provisioned to provide a healthy economic development environment in the indian market. In the 1st phase, the anticompetitive agreement and abuse of dominance provisions were notified. Under this legislation, the competition commission of india was established to prevent the activities that have an adverse effect on competition in india.
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