Competition Law

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Description
According to an estimate more than 80% of Indian enterprises are unaware of Competition Law, what it seeks to achieve and likely consequences of their contravening it. Almost 70% of the Indian enterprises do not have in place control mechanisms and their documents (vendor contracts, supply and distribution agreements, etc.) are not verified at the grass-root level for their compliance with the regulations of Competition Law The first competition law in India was the Monopolies and Restrictive Trade Practices Act, 1969. The second is the Consumer (Protection) Act, 1986. The third legislation is Competition Act, 2002. In order to protect adverse effect on competition in India and to regulate anti-competitive agreements, abuse of dominant positions and formulation of combinations in the name of acquisitions and mergers, the Competition Commission of India (CCI) was established in 2007. Thus the Competition law authorities can also contribute to the enhancement of competition by stepping up their advocacy measures. While the CCI has  Consistently been using advocacy measures as part of its functions, recent measures highlight how the CCIS advocacy measures are becoming more nuanced because of its institutional experience in enforcing competition laws. Seen in this perspective one feels that the social goals impacting the interpretation and implementation of the Indian competition law are evolving and are highly dependent on the institutional and political contexts. However, it is important that the application of law be guided by more objective economic goals for it to serve and what better objective can this law fulfil other than an efficiency objective. Adopting an economic approach to the application of competition law provides a reasonably sound and competent framework for generating consumer welfare and economic efficiency. While several advanced economies have had robust competition policies and resultant competition laws in place, India is a late entrant and recent survey indicates that more than 80% of Indian enterprises are unaware about Competition Law, the effect it seeks to achieve and the likely consequences of contravening it.
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Contents
Chapter 1 : Monopolistic Tendencies & Competition Law
Chapter 2 : Evolution & Development of Competition Law
Chapter 3 : Consumer Protection & Competition Law
Chapter 4 : Competition Law in India
Chapter 5 : Judicial Response to Competition Law Dispute
A : The Report of High Level Committee on Competition Policy and Law (The Raghavan Committee)
B : The Competition Act, 2002
C : The Competition Commission of India (General Regulations, 2009)
E : Competition Commission of India (Determination of Cost of Production) Regulations, 2009
F : Competition Appellate Tribunal (Form and Fee for Filing an Appeal and Fee for Filing Compensation
     Applications) Rules, 2009
G : Competition Commission of India (Protection in Regard to the Transaction of Business Relating to
      Combinations) Regulations, 2011
H : Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2011
I : Draft National Competition Policy, 2011
J : Report of the Committee for Reforming the Regulatory Environment for doing Business in India (M.
    Damodaran Committee report), 2013
Bibliography
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Author Details
Dr. S.C.Tripathi, B.Sc. M.A., LL.M., P.G.D.P.M., Ph.D,  (Law) Advocate, Allahabad High Court