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COMPETITION ACT, 2002

COMPETITION ACT, 2002. The Finance Minister in his Budget Speech on 27 th February, 1999 stated

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COMPETITION ACT, 2002

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  1. COMPETITION ACT, 2002

  2. The Finance Minister in his Budget Speech on 27th February, 1999 stated “The Monopolies and Restrictive Trade Practices Act has become obsolete in certain areas in the light of international economic developments relating to competition laws. We need to shift our focus from curbing monopolies to promoting competition. The Government has decided to appoint a Commission to examine this range of issues and propose a modern competition law suitable for conditions”.

  3. India has chosen to enact a new competition law called Competition Act, 2002. • The new law is designed to repeal the MRTP Act. • As of now, only a few provisions of the new law have been brought into force and the process of constituting the regulatory authority, namely, the Competition Commission of India under the new Act, is on. • The remaining provisions of the new law will be brought into law in phased manner

  4. OBJECTIVES:- • To prevent practices having appreciable adverse effect on competition; • to promote and sustain competition in trade and industry; • to protect the interest of consumers; • to ensure freedom of trade carried on by the participants in market in India;

  5. SALIENT FEATURES OF NEW COMPETITION POLICY:- • The Industries (Development and Regulation) Act, 1951, may no longer be necessary except for location, for environmental protection and for monuments and national heritage protection considerations etc • The Industrial Dispute Act, 1947 and the connected statutes need to be amended to provide for an easy exit to the non- viable, ill- managed and inefficient units subject to their legal obligations in respect of their liabilities

  6. The Board of Industrial Finance and Restructuring (BIFR) formulated under the provisions of Sick Industrial Companies Act, 1985 should be abolished. • The MRTP Act 1969 may be repealed and the MRTP Commission wound up. The provisions relating to unfair trade practices need not figure in the competition Act as they are presently covered by the Consumer Protection Act, 1986. And the pending cases in the MRTP Commission may be transferred to the concerned consumer courts under the Consumer Protection Act.

  7. COMPONENTS OF COMPETITION ACT • Anti- Competition Agreements • Abuse of Dominance • Combination Regulations (Mergers) • Competition Advocacy

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