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Competition Law Ii

The Competition Commission of India (CCI) is a statutory body established under the Competition Act of 2002 to prevent anticompetitive practices, promote competition, protect consumer interests, and ensure free trade in India. The CCI consists of a Chairperson and members appointed by the central government, and has powers to investigate anticompetitive agreements and abuse of dominance, regulate combinations, advise on competition policy, and protect consumer welfare.

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12 views4 pages

Competition Law Ii

The Competition Commission of India (CCI) is a statutory body established under the Competition Act of 2002 to prevent anticompetitive practices, promote competition, protect consumer interests, and ensure free trade in India. The CCI consists of a Chairperson and members appointed by the central government, and has powers to investigate anticompetitive agreements and abuse of dominance, regulate combinations, advise on competition policy, and protect consumer welfare.

Uploaded by

Manasi Mhaske
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COMPETITION LAW II

discuss in detail the constitution, power, and function of competition commission


of India

The Competition Commission of India (CCI) is a statutory body


established under the Competition Act, 2002, to prevent practices that
have an adverse effect on competition, promote and sustain
competition in markets, protect the interests of consumers, and ensure
freedom of trade in the markets of India. Here is a detailed discussion
on its constitution, power, and functions.
Constitution of the Competition Commission of India
1. Establishment and Composition:
- Statutory Basis: The CCI was established by the Central Government
on 14th October 2003.
- Chairperson and Members: The Commission consists of a
Chairperson and not less than two and not more than six other
members to be appointed by the Central Government.
- Qualifications: The Chairperson and members are required to have
qualifications and experience in fields such as economics, law,
commerce, finance, accountancy, management, industry, public affairs,
or competition matters.
- Tenure: The Chairperson and members hold office for a term of five
years and are eligible for reappointment. However, they cannot hold
office beyond the age of 65 years.

Powers of the Competition Commission of India


1. Regulatory and Adjudicatory Powers:
- Inquiry and Investigation: The CCI has the power to inquire into
anticompetitive agreements and abuse of dominant position on its own
motion, on information received, or on a reference made to it by the
Central Government, State Government, statutory authority, or any
other enterprise.
- Orders and Penalties: It can pass cease and desist orders, impose
penalties, and issue directions for modification of agreements or
practices to ensure compliance with the Competition Act.
2. Merger Control:
- Regulation of Combinations: The CCI has the power to regulate
mergers, acquisitions, and amalgamations (referred to as combinations)
which have or are likely to have an appreciable adverse effect on
competition within India.
- Approval and Conditional Orders: It can approve, reject, or approve
with modifications any proposed combination.
3. Advocacy Powers:
- Advisory Role: The CCI can advise the Central Government and State
Governments on competition policy matters and on promoting
competition.
- Advocacy and Awareness: It conducts outreach programs,
workshops, and seminars to raise awareness about competition law and
its benefits among stakeholders, including businesses, consumers, and
the general public.
Functions of the Competition Commission of India
1. Elimination of Practices having Adverse Effect on Competition:
- Anticompetitive Agreements: It prohibits agreements that cause or
are likely to cause an appreciable adverse effect on competition, such as
cartels, bid-rigging, and market allocation.
- Abuse of Dominant Position: It checks the abuse of dominant
position by enterprises and can impose penalties and direct
modification of conduct.

2. Regulation of Combinations:
- Scrutiny and Approval: The CCI scrutinizes mergers, acquisitions, and
amalgamations that exceed certain thresholds to ensure they do not
harm competition.
- Pre-merger Notifications: Enterprises planning a combination must
notify the CCI and obtain its approval before the transaction is
executed.
3. Advocacy and Advisory Functions:
- Policy Advocacy: The CCI promotes competition advocacy, creates
public awareness, and imparts training on competition issues.
- Research and Analysis: It conducts market studies and analyses to
understand market dynamics and competition concerns in various
sectors.
4. Investigation and Enforcement:
- Director General’s Office: The CCI is supported by the Director
General’s Office, which acts as its investigative arm. The Director
General conducts investigations based on the directions of the CCI and
submits reports.
- Dawn Raids and Inspections: The CCI can authorize dawn raids and
inspections of premises suspected of engaging in anticompetitive
practices.
5. Judicial Powers:
- Adjudication: The CCI acts as a quasi-judicial body, hearing cases
related to anticompetitive practices, and passes orders based on its
findings.
- Appeals: Orders of the CCI can be appealed to the National Company
Law Appellate Tribunal (NCLAT) and subsequently to the Supreme Court
of India.
6. Consumer Welfare:
- Consumer Protection: By ensuring fair competition, the CCI aims to
protect consumer interests, ensuring they have access to a wider range
of products and services at competitive prices.

In summary, the Competition Commission of India is a pivotal institution


in maintaining and promoting market competition in India. It combines
regulatory, investigatory, and adjudicatory powers to address
anticompetitive practices and foster a competitive environment for the
benefit of businesses and consumers alike.

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