COMPETITION LAW

A BOON FOR CONSUMERS

COMPETITION
A DYNAMIC CONCEPT
AN AMALGAM OF FACTORS THAT STIMULATE
ECONOMIC RIVALRY
A TOOL TO MOUNT MARKET PRESSURE TO
PENALISE LAGGARDS AND TO REWARD THE
ENTERPRISING

COMPETITION
POLICY-GOALS
PRESERVATION AND PROMOTION OF THE
COMPETITIVE PROCESS
EFFICIENCY IN PRODUCTION AND
ALLOCATION OF GOODS AND SERVICES
INNOVATION AND ADJUSTMENT TO
TECHNOLOGICAL CHANGE
SUSTAINED ECONOMIC GROWTH

FOUR COMPARTMENTS
ANTI COMPETITION AGREEMENTS
ABUSE OF DOMINANCE
MERGERS, AMALGAMATIONS, ACQUISITIONS
AND TAKE-OVERS
FOSTERING COMPETITION

ANTI-COMPETITION AGREEMENTS
HORIZONTAL RESTRAINTS
CARTELS (FIXING PURCHASE
OR SALE PRICE (EXPORT
CARTELS EXEMPTED)
BID RIGGING (COLLUSIVE
TENDERTING)
SHARING MARKETS BY
TERRITORY, TYPE ETC
LIMITING PRODUCTION,
SUPPLY, TECHNICAL
DEVELOPMENT
THE ABOVE ARE PER SE ILLEGAL

VERTICAL RESTRAINTS
TIE IN ARRANGEMENTS
EXCLUSIVE SUPPLIES
EXCLUSIVE DISTRIBUTION
REFUSAL TO DEAL
RESALE PRICE
MAINTENANCE

ABUSE OF DOMINANCE
DOMINANCE NOT LINKED TO ANY
ARITHMATIC FIGURE OF MARKET SHARE
DOMINANCE MEANS A POSITION OF
STRENGTH
ENABLING AN ENTERPRISE
TO OPERATE INDEPENDENTLY OF COMPETITIVE
PRESSURE
AND TO APPRECIABLY AFFECT THE RELEVANT
MARKET, COMPETITION AND CONSUMERS

ABUSE OF DOMINANCE
ABUSE OF DOMINANCE ARISES IF AN ENTERPRISE
IMPOSES UNFAIR/ DISCRIMINATORY PURCHASE OR SALE
PRICES (INCLUDING PREDATORY PRICES)
LIMITS PRODUCTION, MARKETS OR TECHNICAL
DEVELOPMENT
DENIES MARKET ACCESS
CONCLUDES CONTRACTS SUBJECT TO OBLIGATIONS
HAVING NO CONNECTION WITH THE SUBJECT OF THE
CONTRACTS
USES DOMINANCE TO MOVE INTO OR PROTECT OTHER
MARKETS
RELEVANT MARKET=RELEVANT PRODUCT
MARKET+RELEVANT GEOGRAPHIC MARKET

COMBINATIONS
MERGERS/ AMALGAMATIONS
PROJECTIVE AFFECTS
REDUCTION IN NUMBER OF PLAYERS
ACQUISITION OF ENORMOUS ECONOMIC
STRENGTH
DISCOURAGEMENT OF NEW ENTRANTS
DICTATION OF PRICES
DOMINANCE

COMBINATIONS
MERGERS/ AMALGAMATIONS
REGULATION OF COMPETITION PERSPECTIVE
COMPETITION LAW TO HAVE SURVILLANCE OVER
COMBINATIONS BEYOND A THRESHHOLD LIMIT
ASSETS>RS. 1000 CRORES OR TURNOVER>RS.3000
CRORES
NOTIFICATION OF COMBINATIONS VOLUNTARY
AND NOT MANDATORY
CCI MANDATED TO DECIDE WITHIN 90 WORKING
DAYS ELSE DEEMED APPROVAL

COMPETITION ADVOCACY
CCI
IS ENABLED TO PARTICIPATE IN FORMULATION OF
POLICIES AND REVIEWING OF POLICIES RELATING
TO COMPETITION AT THE INSTANCE OF THE
GOVERNMENT
IS REQUIRED TO CREATE COMPETITION CULTURE
IS REQUIRED TO ACT AS COMPETITION ADVOCATE

EXEMPTIONS
GOVERNMENT BY NOTIFICATION MAY EXEMPT
FROM COMPETITION LAW FROM DIFFERENT
PROVISIONS FROM DIFFERENT DATES
ANY CLASS OF ENTERPRISES IN THE INTEREST OF
NATIONAL SECURITY/ PUBLIC INTEREST
ANY PRACTICE/ AGREEMENT ARISING OUT OF
INTERNATIONAL TREATY/ AGREEMENT
ANY ENTERPRISE PERFORMING A SOVEREIGN
FUNCTION ON BEHALF OF THE GOVERNMENT

CCI
COMPRISES
CHAIRPERSON
MAX. 10 MEMBERS
WITH AN APPROACH TO MINIMISE POLITICISATION OF
APPOINTMENTS
CHAIRPERSON NEED NOT BE FROM JUDICIARY
CHAIRPERSON AND MEMBERS FROM FIELDS OF
JUDICIARY, ECONOMICS, LAW, INTERNATIONAL TRADE,
BUSINESS, COMMERCE, INDUSTRY, FINANCE,
ACCOUNTANCY, MANAGEMENT, PUBLIC AFFAIRS AND
ADMINISTRATION
EVERY BENCH WILL HAVE A JUDICIAL MEMBER

NEW LAW AND IPRS

ALL IPRS EXCLUDED FROM APPLICABILITY OF
COMPETITION LAW
IPRS CARRY WITH IT A BUNDLE OF RIGHTS IN THE
INTEREST OF CREATIVITY AND INNOVATION
ANY CONDITION/ OBLIGATION OUTSIDE THE
BUNDLE OF RIGHTS OF IPR, IF IT TRENCHES
COMPETITION (EXPLOITATION IPR) THEY HAVE
BEEN BROUGHT UNDER SURVILLANCE OF
COMPETITION LAW

EXTRA TERRITORIAL REACH

ACT EXTENDS CCI REACH BEYOND INDIAN
SOIL
IT IS BASED ON EFFECTS DOCTRINE