CCP:Dominant Position of 1 or several UT in relevant market shall b deemed 2 exist if such UT have ability 2 behave 2

appreciable extent independently of competitors, customers, consumers & suppliers & the position of an UT shall b presumed
2 be dominant if its share of relevant market exceeds 40%. merger, acquisition, amalgamation, combination or joining of 2
or more UT or part thereof into an existing UT or to form a new UT.relevant market which shall b determined by Commission
wid ref to a product mkt & geographic mkt & a product comprises all those products or services which r regarded as
interchangeable or substitutable by consumers by reason of product's characteristics, prices and intended uses. A geographic
market comprises area in which UT concerned r involved in supply of prod or srvc & in which can conditions of competition
are sufficiently homogenous and which can be distinguished from neighboring geographic areas because, in particular, the
conditions of competition are appreciably different in those areas.Sec 3(1)No person shall abuse dominant position.2An
abuse of DP is maintained if it practices which prevent, restrict, reduce, or distort competition in the relevant market.3The
expression practices sub sec2 include:(a)limiting production, sales & unreasonable increases in price or other unfair trading
conditions(b)price discrimination by charging different prices for the same goods or services from different customers (c)tie-
ins, where the sale of goods/service is made conditional on the purchase of other goods/services(d)making conclusion of
contracts subject to acceptance by the other parties of supplementary obligations which by their nature or according to
commercial usage, have no connection with the subject of the contracts(e)applying dissimilar conditions to equivalent
transactions on other parties, placing them at a competitive disadvantage(f)predatory pricing driving competitors out of a
market, prevent new entry, and monopolize the market(h)refusing to deal. Sec 4(1)"No UT or A UT shall enter into any
agreement shall make a decision in respect of the production, supply, distribution, acquisition or control of goods or the
provision of services which have the object or effect of preventing, restricting or reducing competition within the relevant
market unless exempted under sec 5. Sec 5 CCP may grant an indv exception permitting an agreement that would normally
be prohibited under Sec 4 such an exemption must be granted for a specified period, though such period may be extended
on an application made the Commission under relevant rules. such exemption may be pursuant to the imposition of certain
conditions by the CCP, for however long it sees fit. If a material change in circumstances, it may at its discretion cancel an
exemption or vary, remove or impose one or more conditions attached to such exemption. Sec 7: block exemptions. if in the
opinion of CCP, an agreement falls within a particular category of agreements and additionally also meets the criteria set by
the Act, then CCP may give block exemption order with regards to such agreement. a block exemption order passed by the
CCP may have certain conditions attached to it, at the discretion of the Commission, for a term it deems fit. The criteria for
individual exemption or block exemption is under Sec 9 sets out that the CCP may grant individual and/or block exemption
in respect of an agreement:(a)improving production or distribution(b)promoting technical or economic progress, while
allowing consumers fair share of the resulting benefit(c)the benefit of that clearly outweigh the adverse effect of absence or
lessening of competition.Sec 10 deceptive marketing practices(1)No UT enter into DMP(2)DMP be resorted or continued
if an UT resorts to(a) distribution of false/misleading information that is capable of harming the business interests or another
UT(b)the distribution of false/misleading info to consumers, including distribution of information lacking a reasonable basis,
related to the price,character,method or place of production,properties,suitability for use, or quality of goods(c)false or
misleading comparison of goods in the process of advertising(d)fraudulent use of another's trademark, firm name, or product
labeling.Sec 11 mergers(1)No UT enter into a merger which substantially lessens competition by creating or strengthening a
dominant position in the relevant market.(2)UT intends to acquire the shares or assets of anotherUT, or two or more UT
intend to merge the whole or part of their businesses & meet the pre-merger notification thresholds,such UT apply for
clearance from CCP.(3)UT submit a pre-merger application to CCP(4)Application with a processing fee. UT undertakings shall
not proceed with the intended merger until they have received clearance from CCP.(5) CCP order shall be made within thirty
days of receipt of the application.(6)if so determined, CCP initiate a 2nd phase review & ask 4 more info.(7) If no decision
within 30 days, UT go ahead.(8)second phase review ninety days,review the merger to assess whether it substantially lessens
competition by creating or strengthening a dominant position in the relevant market, and shall give its decision on the
proposed transaction. In case concerned undertakings fail to provide the information requested, the Commission may reject
the application.(9)Failure to render a decision within ninety days shall be deemed to mean that the Commission has no
objection to the intended merger.(10) If after the second phase review, the Commission determines that the intended merger
substantially lessens competition by creating or strengthening a dominant position, it may nonetheless approve the
transaction, if it is shown that,(a) it contributes substantially to the efficiency of the production or distribution of goods or to
the provision of services;

(b) such efficiency could not reasonably have been achieved by a less restrictive means of competition;

(c) the benefits of such efficiency clearly outweigh the adverse effect of the absence or lessening of competition; or

(d) it is the least anti-competitive option for the failing undertaking's assets, when one of the undertakings is faced with
actual or imminent financial, failure:

Provided that the burden of proof shall lie with the undertaking seeking the approval

(11) In case the Commission determines that the transaction under review does not qualify the criteria specified in subsection
(10), the Commission may--
(a) prohibit the consummation of the transaction;

(b) approve such transaction subject to the conditions laid by the Commission in its order;

(c) approve such transaction on the condition that the said undertakings enter legally enforceable agreements specified by
the Commission in its order.

(12) Where an undertaking has consummated the merger without complying with the provisions of subsection (1) to
subsection (4), the Commission shall, after giving the undertaking an opportunity of being heard, make appropriate orders
under section 31.

(13) Where the Commission has granted approval subject to conditions, the Commission may, within one year, review the
order of approval of merger on its own or on the application of the undertakings concerned on the ground that it is satisfied
that. the circumstances of the relevant market or the undertakings have so changed as to warrant review of the conditions
imposed.

(14) If the Commission determines that the approval was based on false or misleading information submitted by the
undertaking, or the conditions prescribed in the relevant orders of the Commission have not been fully complied with, the
Commission may after affording the undertakings concerned an opportunity of being heard--

(a) undo such merger or acquisition; or

(b) prescribe modifications or additions in the original order."