Competition law aims to avoid anti-trade practices in the market by ensuring the protection to the customers. A legislation was enacted for regulating this purpose which is known as competition act 2002. This legislation aims at upholding the ethical behaviour in the market by the manufactures, producers and the customers as well. This law promotes fair trade with freedom by enabling fair competition. This law eliminates domination from the strong trading enterprises against the small ones. Not only allowing fair trade competition act 2002 also protects the interests of the consumers.
2. By D. Srujana Naik
BBA LL.B VII SEM
Mahatma Gandhi law college
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3. Introduction
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✗ Competition law aims to avoid anti-trade
practices in the market by ensuring the
protection of the customers.
✗ This law eliminates domination from the
strong trading enterprises against the
small ones. .
✗ Not only allows the fair trade competition
act 2002 but also protects the interests of
the consumers.
4. History
✗ Many loopholes were found in the MRTP act, creating a
rigid environment in the market. Where licenses were not
so easily given to the private sector.
✗ The monopolies and restrictive trade practices failed to
achieve their objectives to serve the purpose of their
enactment.
✗ These situations have created a great need for modern
policies.
✗ Competition act in 2002 December which has come into
force with effect on the 31st of March 2003.
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5. Competition act 2002
Competition act 2002Competition law aims at
promoting consumer's interests, sustaining
competition in the markets and to protect the
interests of the consumers, and ensuring
freedom of trade.
Competition act 2002 sets up a commission
called the competition commission of India
(CCI) which mainly focuses on eliminating
practices that adversely the market
6. Scope of the act
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Enquire into Anti-competitive
agreements.
Enquire abuse of dominant
position.
regulating combination and
mergers.
Undertaking competition
advocacy.
7. Anti-competitive agreements
✗ Anti-competitive agreements aims to eliminate
or conduct unfair trade practices in the market.
✗ Competition is good for the market because it
saves consumers from being charged high for
the goods and lets companies offer better
goods at lower prices.
✗ Anti-Competitive measures like price fixing
hampers the growth of the market.
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8. Horizontal agreements:-
These are taken place between
parties of the same line of
production for example
agreements between
manufacturers, and agreements
between distributors.
Vertical agreements:-
Vertical agreements are
between Non-competition
operating at different levels of
processes for example
agreements between
producers, whole-sellers, and
retailers.
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9. This refers to the misuse of its position by the good firm or
dominant firm in the market.
Anti-competitive trade practices may be conducted by the
Dominant firms to maintain or increase their Dominant
position in the market.
If such practices by dominant firms are found controversial
such practices are to be considered abusive.
The competition act aims at eliminating such abuse of
dominant position..
Abuse of Dominant Position
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10. Regulation of combinations
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✗ An illegal combination in the market which aims at
eliminating competition in a certain locality in which
conspirators agree to use devices or to combine for
misleading the market for example price fixing
agreements.
✗ Competition act 2002 aims at regulating such
combinations to avoid illegal combinations.
11. Competition Advocacy
International competition Network
defined competition advocacy as
those activities conducted by the
authorities for promoting a market
economic environment and
competitive environment for
economic activities by means of
non-enforcement mechanisms and
by increasing public awareness of
the benefits of competition.
Section 49 of the competition act
2002 narrates about competition
advocacy. Competition advocacy
was enacted in the new law..
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12. Conclusion
1.Competition act 2002 enables fair competition in markets by
eliminating unfair trade practices and provides freedom of trade.
2.This act establishes a competition commission for regulation and
proper supervision.
3. Such modern acts are compulsory for regulating fair trade practices
in the market.
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