Presented by: Abhishek Agarwal

Aditya Rana Sakshi Gupta

Shreya Chaturvedi Shipra Pareek

Competition Act 2002

Competition Coverage Need Emergence of Competition Objectives of Competition Important terms Anti – Competitive

Agreements Abuse of Dominant Position Competition Commission of

India Case Laws

What is in it for me

Means sellers striving

independently for

buyer’s patronage to

maximize profit. A buyer

prefer to buy a product

to maximize his benefits

where as seller prefer to

sell the product to

maximize its profits.

What is Competition in the Market

Access to broadest range of services

at the most competitive prices.

Reduce their costs and meet

consumer demand.

Promotes allocative and productive

efficiency.

This requires healthy market

conditions and Govt. across the

globe to remove the market

imperfections through appropriate

regulations.

Need of Competition

Emergence of Competition Act

Competition Act is applicable from January 2003.

This act extends to whole of India except J&K.

It is an act to provide, keeping in view of the economic development of the country for the establishment of the commission.

- To ensuring fairness & equity

in market place transactions.

- Protecting the “public

interest” including in some

cases considerations relating

to industrial competitiveness

and employment.

- Protecting opportunities for

small and medium business.

Objectives of Competition Act

Important Terms:

CARTEL

CONSUMER

PRICECHAIRPERSON

COMMISION

U/S 3 of the Act, no enterprises or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution of goods which directly or indirectly causes an adverse effect on the competition in India.

Anti- Competitive Agreements

Tie – In Agreement

Exclusive Supply

Agreement

Exclusive Distributio

n Agreement

Refusal to deal

Resale Price

Maintenance

TYPES OF ANTI- COMPETITIVE AGREEMENTS

U/S 4 No enterprise or group shall abuse its dominant position.

Abuse of Dominant Position

(a) “dominant position” means a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to-

(i) operate independently of competitive forces prevailing in the relevant market; or

(ii) affect its competitors or consumers or the relevant market in its favour;

(b) “predatory price” means the sale of goods or services, at a price which is below the cost, with a view to reduce competition or eliminate the competitors.

Explanation:

CCI is an autonomous body established by Central Government controls and regulates the competition in Indian economy and market.

Competition Commission of India established on 14th October, 2003 by Central Government.

CCI consists of a Chairperson and not less than two and not more than six other members appointed by the Central Government.

Competition Commission Of India

To eliminate practices having adverse effect on competition.

To promote and sustain competition.

To promote interest of consumers.

To ensure freedom of trade carried on by other participants, in market in India.

Conduct enquiry into cases of abuse of dominant position and combinations.

Powers Of CCI

New Pepsodent V.

Colgate

Case Law:

THANK YOU