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In the pursuit of globalization, India
has responded by opening of its
economy, removing controls and
resorting to liberalization. The
natural corollary of this that the
Indian market should be geared to
face competition from within the
country and from outside. The MRTP
Act. 1969 had become obsolete and
was choking the economy. The
• To prevent practices having
adverse effect on
• To promote and sustain
competition in market
• To protect the interest of
• To ensure freedom of trade
carried on by other
Prohibition of
• Sec. 3 provides for prohibition of
entering into anti-competitive
• It shall not be lawful for any
enterprise or association of
enterprises or person or association
of persons to enter into an
agreement in respect of production,
storage, and distribution of goods
which causes an appreciable adverse
effect on competition with India.
Abuse of
• Sec.4 prohibits abuse of dominant position
by any enterprise.
• Such abuse of dominant position , inter
alia, includes imposition, either directly or
indirectly, of unfair purchase or selling
• Sec.5 deals with combination of
enterprises and persons.
• Acquisition of one or more enterprises by
one or more persons or acquiring of
control or merger or amalgamation of
enterprise under certain circumstances
Regulation of
• No person or enterprise shall enter
into a combination which causes
appreciable adverse effect on
competition within the relevant
market in India and such a
combination shall be void[Sec.6(1)]
• Exemption. Any person or
enterprise, who or which proposes to
enter into a combination, may, at his
or its option, give notice to the
Competition Commission of India.
Commission of
Establishment of commission
With effect from such date as the
Central Govt. may appoint, there
shall be established, for the purposes
of this act, a commission to be called
the “Competition Commission of
India” [Sec.7(1)]
Corporate body. The commission shall
be body corporate by the name
Competition Commission of India
Duties, Powers and
Functions of
• Eliminate practices having adverse
effect on competition
• Promote and sustain competition
• Protect the interest of customers
• Ensure freedom of trade carried by
other participants, in markets in India
• Power to grant interim relief (Sec.33)
• Power to award compensation
• Power of commission to regulate its
own procedure