Professional Documents
Culture Documents
Activity Status Report
Activity Status Report
SUGGEST AMENDMENTS
The CCI is a young body, compared to the decades and century of its global counterparts. But it
is key to regulating a consumer-led market such as India. Since its inception, it has gained focus
and commanded attention globally. So much so, that the next annual International Competition
Network (ICN) Conference is scheduled in India for May 2018.
CCI, entrusted with eliminating prohibited practices, is a body corporate and independent entity
possessing a common seal with the power to enter into contracts and to sue in its name. It is to
consist of a chairperson, who is to be assisted by a minimum of two, and a maximum of ten,
other members.
CCI has the power to enquire into unfair agreements or abuse of dominant position or
combinations taking place outside India but having adverse effect on competition in India,
provided that any of the below mentioned circumstances exists:
Benches
For the execution of duties, the Act contemplates the exercise of the jurisdiction, powers and
authority of CCI by number of Benches. If necessary, a Bench would be constituted by the
chairperson of at least two members; it being mandated that at least one member of each Bench
would be a "Judicial Member". The Bench over which the chairperson presides is to be known as
the Principal Bench and the other Benches known as Additional Benches. However, the Act
further empowers the chairperson to further constitute one or more Benches known as Mergers
Benches exclusively to deal with combination and the regulation of combinations.
SOURCES
Economic times
The Competition Act, 2002
THE HINDU
Mondaq
JUDGEMENTS
PROBLEMS
CAUGHT IN A VICIOUS CYCLE
In most cases, matters are stuck not on merit, but simply rejected as the process and presentation
of the case has been found wanting in trial courts. The CCI is thus caught in a vicious cycle, in
which its purpose and relevance is beginning to be questioned both from within and without.
CREAKY APPARATUS
As was visible In the case against the Board of Control for Cricket in India (BCCI), the
commission did not allow BCCI to refute all the facts and charges it later presented in court,
when its penalty was challenged.
In penalties imposed on Coal India and the All India Organization o f Chemi st s and Druggists,
the CCI member who signed off the penalty hadn't been present at the hearings when
organisations were defending their stance before the commission
The DLF case presents an interesting example of how the lines between competition and
consumer law are often blurred. The CCI held that DLF’s real estate malpractices distorted
competition in the market for high end residential apartments in Gurgaon - a narrow geographic
coverage of a satellite town in the National Capital Region of Delhi.
The CCI held that such practices reduced the ease of moving between services or offerings. It
therefore suggested that for those consumers who had exercised an option to purchase an
apartment from DLF, the incremental cost of switching to another real estate developer and
absence of adequate information to the consumer to understand the value and cost of his
investment, distorted competition for other real estate players.
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