Competition Act could be ‘at war with itself’

By Anand S Pathak,P&A Law Offices
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On 13 January 2003, the Competition Act, 2002, received Rresidential assent. The act establishes a Competition Commission to “prevent practices having [an] adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade”. The Act repeals the Monopolies and Restrictive Trade Practices Act, 1969, but allows the MRTP Commission to exercise its jurisdiction and power for two years to deal with cases filed before the Competition Act becomes effective.

Anand S Pathak, Partner, P&A Law Offices
Anand S Pathak
Partner
P&A Law Offices

The Act also gives the Competition Commission wide-ranging powers to ensure compliance with three substantive provisions: Section 3 – prohibition of cartels; Section 4 – prohibition of “abuse of dominant position”; and Section 6 – prohibition any “combination” that “causes or is likely to cause an appreciable adverse effect on competition within the relevant market”.

The language and concepts contained in the Act are similar to Sections 81 and 82 of the Treaty of Rome, and the competition laws of the UK, Canada and Australia. However, the drafters of India’s Competition Act added their own “touch”.

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Anand S Pathak is partner-in-charge of P&A Law Offices in New Delhi. He can be reached at apathak@palawoffices.com.

P&A Law Offices

P&A Law Offices
1st Floor, Dr Gopal Das Bhavan
28 Barakhamba Road
New Delhi, 110 001
India
Tel: +91 11 4139 3939
Fax: +91 11 2335 3761
Email: apathak@palawoffices.com

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