Competition Bill 2001

 Competition Policy refers to the Government policy designed to ensure contestability and fair
competition by removing / preventing factors and forces that tend to distort fair competition.

 Fair competition is the hallmark of a free enterprise economy.

 It is an instrument to achieve efficient allocation of resources, technical progress and / consumer

welfare and to regulate concentration of economic power detriment to competition.

 Main objective of competition laws is to preserve and promote competition as a means to ensure
the efficient allocation of resources in an economy resulting in the best possible choice of quality,
lowest prices and adequate suppliers for consumers.

 Most competition laws deal with enterprise behavior by prohibiting practices such as competition
restricting horizontal agreements, acquisitions and abuses of dominant positions as well as
restricting vertical distribution agreements.

 Investment liberalization and the adoption of competition laws have received impetus from the
growth of regional free trade and integration agreements.

 Micro industrial Governmental policies that may support or adversely impinge on the application
of competition policy, would include the industrial policy; reservation for the small scale sector,
privatization and regulatory reforms, including tariffs, quotas, subsidies, anti dumping action etc.

Business practices that can have anticompetitive effects are:

 Single firm (enjoying a dominant position)

 Anticompetitive mergers and acquisitions

 Horizontal restraints (arrangements between competitors to restrain competition)

 Vertical restraints (anticompetitive arrangements between firms along the production –

distribution chain

Horizontal Restraints

 Price fixing: Competing suppliers enter into cooperative agreements regarding prices and sales.

 Restraint of output

 Market allocation : Competing suppliers allocate customers amongst themselves

 Exclusionary practices: Competing suppliers employ practices that inhibit or preclude the ability
of other actual or potential suppliers to compete in the market for a product.

 Collusive tendering Competitors exchange commercially sensitive information on bids.

 Conscious parallelism : Competing suppliers set the same prices

 Other restraints: Suppliers enter into cooperative agreements not to undertake actions of
competitive value (advertising etc)

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Vertical restraints

 Exclusive dealing: A producer supplies to a distributor and guarantees not to supply to

any other distributor in that area.
 Reciprocal exclusivity: Producer supplies on the condition that the distributor does not carry
anybody else’s products.

 Refusal to deal: Supplier refuses to sell to parties wishing to buy.

 Resale price maintenance: Producer supplies to distributors only on the condition that the
distributor supplies at a minimum price.

 Territorial restraint: Distributor is not authorised to market the product outside a specified
territory.

 Discriminatory pricing

 Predatory pricing: Supplier sells at very low price in order to drive out competitors out of
business.

 Premium offers to supplier on condition that they do not stock the competitors product.

 Tied selling: Producer forces purchasers to purchase goods that they do not want on condition to
sell them those they want.

 The Competition Bill, 2001A bill to provide for the establishment of a Commission to prevent
practices having adverse effect on competition, to promote and sustain competition in markets, to
protect the interests of consumers and to ensure freedom of trade carried on by other
participants in markets, in India, and for matters connected therewith or incidental thereto.”
(Shri Arun Jaitley, Minister of Law, Justice and Company Affairs).

 In the present era of liberalisation, MRTP has lost its relevance. Today, the government itself
promotes the expansion of organizations. Mergers and acquisition are no longer rare, being not
only rare, but also welcomed by the govt., which has begun selling off public sector units (PSUs)
to private entrepreneurs. In effect, the policy of controlling and regulating the private sector has
given away to the policy of supporting and allowing freedom to the private sector.

 There is a need to shift focus from curbing monopolies to promoting competition.

 IntroductionThe Competition Bill, 2001 seeks to ensure fair competition in India by prohibiting
trade practices that cause adverse effect on competition in markets within India and, for this
purpose, provides for the establishment of a quasi-judicial body to be called the Competition
Commission of India (CCI). The CCI shall also undertake competition advocacy for creating
awareness and imparting training on competition issues.

 The Bill aims at curbing negative aspects of competition through the medium of the CCI.

 The Bill confers power upon the CCI to levy penalty for contravention of its orders, failure to
comply with its directions, making of false statements or omission to furnish material
information, etc.

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The Competition Bill has the following provisions:

 Prohibition of Agreements

 Horizontal and vertical agreements amongst firms have the potential of restricting competition.

 No enterprise or association of enterprises, or person or association of persons shall enter into any
agreement in respect of production, supply, distribution, storage, acquisition or control of goods
or provision of services, which causes or is likely to cause an appreciable adverse effect on
competition within India.

 It prohibits any agreement entered into between enterprises or associations of enterprises, or

persons or associations of persons, or between any person and enterprise or practice carried on, or
decision taken by, any association of enterprises or association of persons, including cartels,
engaged in identical or similar trade of goods or provision of services, which—

a. directly or indirectly determines purchase or sale prices;

b. limits or controls production, supply, markets, technical development, investment or provision of

services;

c. shares the market or source of production or provision of services by way of allocation of

geographical area of market.

 It prohibits any agreement amongst enterprises or persons at different stages or levels of the
production chain in different markets, in respect of production, supply, distribution, storage, sale
or price of, or trade in goods or provision of services, including:

a. Tie-in Arrangement: includes any agreement requiring a purchaser of goods, as a condition of

such purchase, to purchase some other goods.

b. Exclusive Supply Agreement: includes any agreement restricting in any manner the purchaser in
the course of his trade from acquiring or otherwise dealing in any goods other than those of the
seller or any other person

c. Exclusive Distribution Agreement: includes any agreement to limit, restrict it withhold the output
or supply of any goods or allocate any area or market for the disposal or sale of the goods.

d. Refusal to Deal: includes any agreement which restricts, or is likely to restrict, by any method
the persons or classes of persons to whom goods are sold or for whom goods are bought.

e. Resale Price maintenance : includes any agreement to sell goods on condition that the prices to be
charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is
clearly stated that prices lower than those prices may be charged.

 Prohibition of Abuse of Dominant Position

 Organisations enjoying a dominant position in the market are prohibited by the Act to use their
strength to manipulate their competitors or consumers or the relevant market in its favour. The
Act restricts the firm having dominant position in the following manner:

1. No enterprise shall abuse its dominant position.

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 2. There shall be an abuse of dominant position under sub-section (1), if an enterprise:

a. directly or indirectly, imposes unfair or discriminatory:

a. Conditions in purchase or sale of goods or services

b. Price in purchase or sale (incl predatory price) of goods or service

b. limits or restricts

a. Production of goods or services

b. Technical or scientific development relating to goods or services to the prejudice of

consumers

c. indulges in practice or practices resulting in denial of market access;

d. makes conclusion of contracts subject to acceptance by other parties of supplementary

obligations;

e. uses its dominant position in one relevant market to enter into, or protect another relevant
market.

Competition Commission of India

 For the purpose of this Act, the government established a commission to be named the
Competition Commission of India:

1. Clause 8 of the Bill provides that the Commission shall consist of a Chairperson
and not less than two and not more than ten other members to be appointed by the Central
government.

 The Chairperson and every other member shall be persons of ability, integrity and standing.
The Chairperson and every other member shall be appointed by the Central government.

2. The Secretary-in-charge of the Ministry or the Department of the Central

Government dealing with this Act shall be the Convenor of the Selection Committee.

 The Chairperson and every other member shall hold office as such for a term of five years from
the date on which he enters upon his office and shall be eligible for reappointment:

 The Competition Act was enacted in December 2002

 Duties, Powers and Functions of the Commission

 Subject to the provisions of this Act, it shall be the duty of the Commission to eliminate practices
having adverse effect on competition, promote and sustain competition, protect the interests of
consumers, and ensure freedom of trade carried by other participants, in markets in India.

 The Commission may inquire into any alleged contravention of the provisions either of its own
volition or on:

a. receipt of a complaint from any person, consumer or their association or trade association

b. a reference made to it by the Central government or a state government or a

statutory authority.

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 The Commission can enquire whether an agreement has an appreciable adverse effect on
competition It can enquire whether an enterprise enjoys a dominant position or not, can enquire
whether any combination is likely to cause an appreciable adverse effect on competition in India,
or any other violation of the Act.

 The Jurisdiction, Powers and Authority of the CCI

 Upon receipt of a complaint or a reference from the Central government or a state government or
a statutory authority or on its own knowledge or information, under Section 19, if the
Commission is of the opinion that there exists a prima facie case, it shall direct the Director
General to cause an investigation to be made into the matter. The Director General submits a
report in a specified period.

 If the Commission is of the opinion that there exists no prima facie case, it shall dismiss the
complaint and may pass such orders as it deems fit, including imposition of costs, if necessary.

 If the report of the Director General referred to in sub-section (2) recommends that there is
contravention of any of the provisions of this Act, and the Commission is of the opinion that
further inquiry is called for, it shall inquire into such contravention in accordance with the
provision of this Act.

 Where after inquiry the Commission finds that any agreement or action, of an enterprise in a
dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all
or any of the following orders:

a. Direct any enterprise or association of enterprises, or person or association of

persons, as the case may be, involved in such agreement, or abuse of dominant position, to
discontinue and not to re-enter such agreement, or discontinue such abuse of dominant
position, as the case may be;

b. Award compensation to parties in accordance with the provisions contained in section 34;

c. Direct that the agreements shall stand modified to the extent and in the manner as may be
specified in the order by the Commission;

d. Direct the enterprises concerned to abide by such other orders as the Commission may
pass and comply with the directions, including payment of costs, if any;

e. Recommend, to the Central Government, the division of an enterprise enjoying dominant

position;

f. Pass such other order as it may deem fit.

 Duties of the Director General

1. The Director General shall, when so directed by the Commission, assist the Commission
in investigating into any contravention of the provisions of this Act or any rules or regulations
made thereunder.

2. Without prejudice to the provisions of sub-section (2), Sections 240 and 240A of the
Companies Act, 1956, so far as may be, shall apply to an investigation made by the
Director General or any other person investigating under his authority, as they apply to an
inspector appointed under that Act.

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