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  • Critical Analysis On Whether The Competetion Act Benefited or Not

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    Akashdeep Sengupta
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    The document provides a critical analysis of whether the Competition Act of India has benefited the country. It notes that while the 2002 law was an important step that promotes fair competition and benefits firms of all sizes, it still has some drawbacks that were not addressed by legislators. Specifically, it does not address collective dominance, the complexity of analysis under the law may lead to incorrect conclusions due to lack of resources, and the authority of the government to overrule the CCI limits the CCI's autonomy and effectiveness.

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    CRITICAL ANALYSIS ON WHETHER THE COMPETETION ACT BENEFITED OR NOT

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    The document provides a critical analysis of whether the Competition Act of India has benefited the country. It notes that while the 2002 law was an important step that promotes fair competition and benefits firms of all sizes, it still has some drawbacks that were not addressed by legislators. Specifically, it does not address collective dominance, the complexity of analysis under the law may lead to incorrect conclusions due to lack of resources, and the authority of the government to overrule the CCI limits the CCI's autonomy and effectiveness.

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    © All Rights Reserved
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    3 views1 page

    Critical Analysis On Whether The Competetion Act Benefited or Not

    Uploaded by

    Akashdeep Sengupta
    The document provides a critical analysis of whether the Competition Act of India has benefited the country. It notes that while the 2002 law was an important step that promotes fair competition and benefits firms of all sizes, it still has some drawbacks that were not addressed by legislators. Specifically, it does not address collective dominance, the complexity of analysis under the law may lead to incorrect conclusions due to lack of resources, and the authority of the government to overrule the CCI limits the CCI's autonomy and effectiveness.

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    © All Rights Reserved
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    CRITICAL ANALYSIS ON WHETHER THE COMPETETION ACT

    BENEFITED OR NOT

    The Competition Act of India is quite broad and was designed to fulfil the
    requirements of growth in the economy and worldwide economic trends
    concerning competition law. As a result, the competition law of 2002 is
    recognized as a historic law. This legislation does not allow misuse of power. This
    law primarily promotes competition in the market while also providing flexibility
    in the distribution of income to firms of all sizes in order to boost the industry’s
    commercial viability. Though the entire law has still not been implemented, the
    adoption of the entire Act will undoubtedly increase market competitiveness on a
    national and worldwide scale.
    Though there exists several benefits, but there remains certain drawbacks which
    the legislators of the Act did not take into account –
    1) The basic idea of collective dominance is missing in the Competition Act
    despite its critical importance in a changing economy like India.
    2) The complexity of competition law analysis, along with the lack of
    organizational endowment in most emerging economies, may end up doing
    more harm than benefit, as the risk of making incorrect conclusions is quite
    high.
    3) The government has the authority to overrule the CCI. Such limitations
    have a significant impact on the CCI’s autonomy and effectiveness.

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