Competition Act in India

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Table of Contents

Introduction of Competition………………………………………………………………………2

Economic Phases in India…………………………………………………………………………4

The Competition Act, 2002……………………………………………………………………….8

Anti – Competition Agreements (Section 3)…………………………………………….10

Abuse of Dominance (Section 4)………………………………………………………...11

Regulations of Combinations (Section 6)………………………………………………..13

Competition Advocacy (Section 49)…………………………………………………….16

Competition Commission of India………………………………………………………………18

Case Studies……………………………………………………………………………………...26

Jet Airways & Air Sahara………………………………………………………………..30

European Union Competition Commission……………………………………………………...31

Background………………………………………………………………………………32

Cartels……………………………………………………………………………………33

Dominance & Monopoly………………………………………………………………...33

Mergers…………………………………………………………………………………..34

State Aid…………………………………………………………………………………35

Anti Trust………………………………………………………………………………..36

Other Case Studies………………………………………………………………………………37

Intel Anitrust Case……………………………………………………………………….37 Acelor Mittal Case……………………………………………………………………….38

Conclusion……………………………………………………………………………………….42

References……………………………………………………………………………………….44

Introduction

What is competition?

Competition is a process of economic rivalry between market players to attract customers. These market players can be multinational or domestic companies, wholesalers, and retailers.
Market competition spurs firms to be more efficient, innovative, and responsive to consumer needs. Consumers enjoy more choices, lower prices, and better products and services. The economy as a whole benefits from greater productivity gains and more efficient resource allocation. Therefore, wherever appropriate, sectors are opened of the economy to market competition. Competition law and liberalization co-exists. Liberalization without competition law is like a car without an engine. The success of liberalization

References: Birth of MRTP Act, 1969 The first Indian competition law was enacted in 1969 and was christened the MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 (MRTP Act) The need for a new law had its origin in Finance Minister’s, Mr. Yashwant Sinha budget speech in February, 1999: “The MRTP Act has become obsolete in certain areas in the light of international economic developments relating to competition laws The Competition Act, 2002 As against the aforesaid backdrop, the Competition Act, 2002 differs in many respects from the MRTP Act, 1969 Preamble of the Competition Act, 2002: 1. Eliminate anti-competitive practices. Special Features of Competition Act, 2002: 1. No discrimination between private and public enterprises.