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Published on:
May 31, 2023
By
Pranjal

Salient Features of Competition Act, 2002

The Competition Act, of 2002, enacted in India, is an important rule that specialises in fostering competition in the marketplace and safeguarding consumer pursuits. This act contains numerous key capabilities to reap its targets successfully: 

1. Prohibition of anti-aggressive agreements: The act prohibits any settlement between enterprises that causes or is in all likelihood to motivate an appreciable unfavourable effect on the opposition in India. 

2. Regulation of combinations: The act regulates mergers, acquisitions, and amalgamations of companies in the event that they bring about or are likely to result in an appreciable detrimental impact on opposition. 

3. Consumer welfare: The act prioritises patron welfare and considers its effect on all competition-related decisions. 

4. Establishment of Competition Commission of India (CCI): The act establishes the CCI as an impartial statutory body to implement and implement the provisions of the act. 5. Power to investigate and penalise: The CCI has the power to analyse and impose penalties on enterprises for anti-competitive practices.

5. Power to investigate and penalise: The CCI has the strength to research and impose penalties on companies for anti-aggressive practices.

6. Leniency policy: The act presents leniency coverage for businesses that cooperate with the CCI in its research of anti-competitive practices.

7. Appeal technique: The act gives an appealing method to the Competition Appellate Tribunal for firms that are disillusioned with the CCI’s decisions. 

8. Types of anti-aggressive practices: The act prohibits anti-aggressive practices along with abuse of dominant position, charge fixing, market allocation, and collusive bidding. 

9. Competition advocacy: The CCI has the mandate to sell and suggest competition in the marketplace, together through training and outreach packages. 

10. Penalties: Penalties for contravening the provisions of the act encompass fines of up to 10% of the employer’s common turnover for the preceding 3 financial years. 

11. Compensation for damages: The act offers a civil treatment for contraventions of the provisions of the act, along with reimbursement for damages to events laid low with anti-aggressive practices.

12. Suo Moto: CCI’s Director General who is appointed by using the CG can behave Suo Moto and levies punishment on those companies which affect the market in a bad manner. 

13. Limitation duration: The act has a quandary duration of three years for filing complaints with the CCI.

Conclusion

In the end, the Competition Act, of 2002 India is a comprehensive piece of regulation aimed at selling competition and protecting the hobbies of consumers. It covers numerous factors of opposition law, which include the prohibition of anti-competitive agreements, regulation of combos, the established order of the Competition Commission of India, powers of investigation and penalization, patron welfare, attraction system, and penalties for contraventions. The act seeks to create a stage playing discipline for businesses and sell an aggressive market for the benefit of customers.

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Updated on:
March 16, 2024