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RELEVANT MARKET UNDER COMPETITION ACT 2002

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 14-5-2015 - 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. The Competition Act provides for the prevention of anti competitive agreements, abuse of dominant position and combinations. While inquiring the cases in respect of these matters the Competition Commission mainly consider the relevant market for this p .....

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be distinguished from conditions prevailing in neighboring areas. The term relevant product market is defined under Section 2(t) of the Act as a market comprising of all those products or services which are regarded as interchangeable or substitutable by the consumer, by reasons of characteristics of products or services, their pricds and intended use. Both the markets have relevance in the determination of the agreements and anti competitive, in evaluating combinations and dominance of an ente .....

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relevant geographical market. Section 4 of the Act prohibits any enterprise or group from abusing dominant position, meaning thereby a position of strength, enjoyed by an enterprise or group, in the relevant market, in India which enables it to- Operate independently of competitive forces prevailing in the relevant market; or Affect its competitions or consumers or the relevant market in its favor. Combination means acquisition of control, shares, voting rights or assets, acquisition of contro .....

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t in India is prohibited and such combinations shall be void. According to Section 19(3) of the Act provides that the Competition shall give due regard to all or any of the following factors, while determining whether an agreement has appreciable adverse effect of competition: Creation of barriers to new entrants in the market; Driving existing competitors out of the market; Foreclosure of competition by hindering entry into the market; Accrual of benefits to consumers; Improvements in prod .....

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ower including commercial advantages over competitors; Vertical integration or sale or service network of such enterprises; Dependence of consumers on the enterprise; Entry barriers; Countervailing buying power; Market structure and size of the market; Social obligation and social costs; Relative advantages; Any other factor that the Government may consider relevant for the inquiry. The Competition Commission, for determining the relevant geographic market shall have due regard to all or .....

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