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Goods and Services Tax : Detailed analysis of Competition Commission of India's order regarding Cinema Ventures Pvt Ltd not passing GST rate reduction bene...
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Corporate Law : The Ministry of Corporate Affairs (MCA) adjusts asset and turnover values under Competition Act Section 5. Explore the impact and ...
Corporate Law : Learn about the Ministry of Corporate Affairs' notification enhancing de minimis thresholds under Section 54 of the Competition Ac...
Corporate Law : Delve into the Competition Commission of India's (CCI) regulations on determining turnover or income, exploring amendments, stakeh...
Corporate Law : Explore the Competition Commission of India (Settlement) Regulations, 2024. Learn about the settlement process, changes, and its i...
Introduction to Competition Law (Part – 5: Regulatory Bodies and Coordination between the Competition Commission of India (CCI) and Sectoral Regulator) 1. Regulatory Framework in India Before the opening up of the economy, economic activity was mainly dominated by the government-owned companies. Apart from economic activities government also controlled, most of the factors that determine the level […]
Introduction to Competition Law (Part – 4: Public Procurement Governments/PSUs) Public Procurement- Government/ PSUs 1. Background The Competition Act, 2002 (the ‘Act’) has been enacted with the objective of preventing practices having adverse effect on competition, promoting and sustaining competition in markets, protecting the interests of consumers and ensuring freedom of trade carried on by […]
Competition law simply enjoins the members, and their representatives at trade association meetings, to understand and appreciate the difference between legitimate association activity and anti-competitive practices.
The spirit of competition warrants continuous improvement in the existing market place where the efficient players push in-efficient players out of the market thereby promoting economic well-being of both the market participants and the consumers.
i. The Advocacy Division of the Commission will continuously scan and identify the upcoming / existing economic legislations and policies which may potentially have adverse effect on competition, for assessment; ii. Any Government Agency, including statutory authority, may refer any upcoming / existing economic legislation or policy to the Commission for competition assessment
Broadly, combination under the Act means acquisition of control, shares, voting rights or assets, acquisition of control by a person over an enterprise where such person has direct or indirect control over another enterprise engaged in competing businesses, and mergers and amalgamations between or amongst enterprises when the combining parties exceed the thresholds set in the Act.
Leniency programme is a type of whistle-blower protection, i.e. an official system of offering lenient treatment to a cartel member who reports to the Commission about the cartel.
The Competition Appellate Tribunal (COMPAT) is established under Section 53A to hear and dispose of appeals against any direction issued or decision made or order passed by the Commission under specified sections of the Act.
The Competition Act, 2002, follows philosophy of modern competition laws and aims at fostering competition and at protecting Indian markets against anti competitive practices by enterprises. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises, and regulates combinations (mergers, amalgamations and acquisitions) with a view to ensure that there is no adverse effect on competition in India.
To sum up, the policy planners, public procurement officials and CCI should work together as a team to deter bid rigging through robust enforcement, increased vigilance, and better designed public procurement programs.