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SCHEME OF COMPETITION ACT 2002

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 30-9-2015 - On the basis of the recommendations of High Level Committee, Competition Act, 2002 was enacted. The provisions of Competition Act, 2002 have not been effected immediately. The said act was amended during the year 2007 and also during the year 2009. The Act is divided into 9 chapters as detailed below: Chapter I - Dealing with preliminaries; Chapter II - dealing with Anti competitive agreements, abuse of dominant position and regulati .....

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urt; Chapter IX - dealing with miscellaneous. Chapter IV contains 22 sections from Section 18 to Section 39. Section 18 imposes upon the Competition Commission certain duties which are as below: to eliminate practices having adverse effect on completion; to promote and sustain competition; to protect the interest of the consumers; and to ensure freedom of trade carried on by other participants in the markets in India. Section 19 gives powers to the Commission to make an inquiry into the alleged .....

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crual of benefits to consumers; improvements in production or distribution of goods or provision of services; or promotion of technical, scientific and economic development by means of production or distribution of goods or provision of services; to see whether the enterprise enjoys a dominant position, in the light of certain factors, such as- market share of the enterprise; size and resources of the enterprise; size and importance of the competitors; economic power of the enterprise including .....

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es of scale, high cost of substitutable goods or service for consumers; countervailing buying power; market structure and size of market; social obligations and social costs; relative advantage, by way of the contribution to the economic development, by the enterprise enjoying a dominant position having or likely to have appreciable adverse effect on competition; any other factors which the Commission may consider relevant for the inquiry. Section 20(4) enlists certain actors in the context of w .....

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n a market; extent to which substitution are available or are likely to be available in the market; market share, in the relevant market, of the person or enterprise in a combination, individually and as a combination; likelihood that the combination would result in the removal of a vigorous and effective competitor or competitors in the market; nature and extent of verticals integration in the market; possibility of a falling business; nature and extent of innovation; relative advantage, by way .....

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