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    Competition Act 2002 (NYP)

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    nitesh tekriwal
    The Competition Act 2002 aims to promote fair competition in India and establishes the Competition Commission of India (CCI) to monitor anti-competitive practices. The objectives of the Act are to ensure free and fair competition, prevent cut-throat competition, and protect customer and small business interests. The CCI investigates anti-competitive agreements between businesses, abuse of dominant market positions, and mergers and acquisitions that negatively impact competition.

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    Competition Act 2002 (NYP)

    Uploaded by

    nitesh tekriwal
    64 views13 pages
    The Competition Act 2002 aims to promote fair competition in India and establishes the Competition Commission of India (CCI) to monitor anti-competitive practices. The objectives of the Act are to ensure free and fair competition, prevent cut-throat competition, and protect customer and small business interests. The CCI investigates anti-competitive agreements between businesses, abuse of dominant market positions, and mergers and acquisitions that negatively impact competition.

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    The Competition Act 2002 aims to promote fair competition in India and establishes the Competition Commission of India (CCI) to monitor anti-competitive practices. The objectives of the Act are to ensure free and fair competition, prevent cut-throat competition, and protect customer and small business interests. The CCI investigates anti-competitive agreements between businesses, abuse of dominant market positions, and mergers and acquisitions that negatively impact competition.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    64 views13 pages

    Competition Act 2002 (NYP)

    Uploaded by

    nitesh tekriwal
    The Competition Act 2002 aims to promote fair competition in India and establishes the Competition Commission of India (CCI) to monitor anti-competitive practices. The objectives of the Act are to ensure free and fair competition, prevent cut-throat competition, and protect customer and small business interests. The CCI investigates anti-competitive agreements between businesses, abuse of dominant market positions, and mergers and acquisitions that negatively impact competition.

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    © All Rights Reserved
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    Download as pptx, pdf, or txt
    of 13

    Competition Act 2002

    • Extends to Whole of India including J &K


    • Act is enforced partly from 2003.
    • Diluted but Improved version of MRTP Act
    • Regulates & Monitor Business Competitions in
    the Corporate world.
    • Referred to as Anti-Trust Law in US.
    Competition Law- Objectives
    • Ensure Free, Fair & Healthy Competition amongst corporate
    players in the Market.
    • To check & Stop Cut-Throat Competition.
    • To prevent & prohibit practices having adverse effect on
    Competition.
    • To Promote & Sustain Competition in the market
    • To Protect & Ensure Customers & Small business player’s
    interests in the market.
    • Shifting of Focus from curbing & controlling Business
    Monopolies (MRTP) to encouraging & regulating fair &
    healthy competition in the interest of corporate world &
    customers.
    Competition Act –Scheme
    Creation of Competition Commission of India (CCI) &
    Director General (DG) to investigate, prevent &
    prohibit :-
    • Anti-Competitive Agreements. (are void)
    • Abuse of Dominant Position by Business players in
    the market.
    • Regulating & Prohibiting Business Combinations i.e.
    acquisitions, mergers & amalgamations by
    prescribing Turnover & Asset limits of Business
    Acquisitions which adversely affect competition.
    Consumer/Customer under
    Competition Act
    • Consumer as defined under Consumer Law i.e.
    CP Act 1986 and also includes person buying
    goods/availing services for re-sale or
    commercial purposes.
    • Distributors, Dealers, Wholesalers, Retailers,
    Traders & Service Providers are included in the
    definition of consumer under competition Act
    2002.
    ‘Agreement’ under Competition Act
    • Means & includes any agreement, action in
    concert or understanding amongst
    persons/enterprises
    • In writing or otherwise.
    • Whether enforceable by law or not.
    • ‘Person’ or enterprise means & includes
    producers, sellers, distributors, traders,
    retailers or service providers.
    Cartel
    • Means an association of persons/enterprises
    who by agreement amongst themselves limit,
    control or attempt to limit or control the
    production, distribution, sale, supply, storage
    or prices of goods or services.
    • Competition Act prohibits formation of cartels
    having adverse effect on competition in India.
    Anti-Competitive Agreements
    • Tie-In or tying in :- requiring a purchaser of
    products (goods or services) to compulsorily
    purchase some other product(s) as a pre
    condition for buying the product.
    • It is also Restrictive Trade Practice under
    consumer law.
    • The purpose of such arrangement is to push slow
    moving products i.e. products less in demand
    along with fast moving products in the market in
    terms of demand.
    Anti- Competitive Agreements
    • Exclusive Supply Agreement:- Restricting the
    purchaser (person) to deal with any other
    products other than those of seller or service
    provider.
    • Franchisee/Agencies using brand name or trade
    mark & other business systems, processes,
    technical know-how & support etc of producer,
    seller or service provider other than merely
    buying products will be an exception.
    Anti-Competitive Agreements
    • Exclusive Distribution Agreement:-Imposing
    restrictions on the purchaser (person) in
    respect of sale/supply of products confined to
    specified geographic market or market
    segment.
    • Exception:- Franchisee/Agencies.
    Anti-Competitive agreements
    Refusal to Deal

    Any agreement which restricts or is likely to


    restrict, by any method the persons or classes
    of persons to whom the goods are sold or
    from whom the goods brought.

    "I refuse to deal with you if you deal with my


    competitor."
    Exception:- Franchisee/Agency IMT Nagpur - 2012-14 (Section
    10
    B, D & E)
    Anti-Competitive Agreements
    • Resale Maintenance Price (RSMP):- Condition
    that the Purchaser must charge resale price
    not below the price quoted/stipulated by the
    seller/producer.
    Exception- Franchisee/Agency.
    Anti- Competitive Agreements.
    • Bid Rigging Or Collusive Bidding :- means any
    agreement or understanding between persons
    engaged in identical or similar production, trading
    or provision of goods or services which has an
    effect on eliminating or reducing the competition
    for bids or adversely affecting or manipulating
    the process for bidding.
    • It happens when bidders collude & keep the bid
    amount at a predetermined level. This is
    intentional manipulation by bidders. Bidders act
    in concert.
    Unfair Trade Practices
    • A person/enterprise (Organization/Company)
    can seek remedy against another for
    disparaging/ridiculing its products or brand or
    good will/reputation through any means.

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