Taxmann's Indian Competition Law is a section-wise commentary on Competition Law. What sets this book apart is the unique combination of the study of both substantive and procedural elements of Competition Law in India. The objective of this book is three-fold: • Focusing on Indian Competition Law, elucidating the Indian jurisprudence and then comparing it with positions taken by European Union (EU) and the United States • This book does not get restricted to the major provisions/broader issues of competition law but also highlights economic, technical and administrative concepts/issues that are relevant in the practical application and interpretation of competition law • This book does not become a technical treatise but a document that a wider audience can read and understand, including lawyers, judges, academicians, lawmakers, market regulators, & entrepreneurs. The Present Publication is the Latest Edition, authored by Adv. Gautam Shahi & Dr. Sudhanshu Kumar, amended up to 30th May 2021, with the following noteworthy features: • [Detailed Study on Fundamental Issues] including: o Anti-Competitive Agreements o Abuse of Dominant Position o Combinations (Acquisitions and Mergers) • [Evolution of Competition Jurisprudence] in India • [Comparitive Assessment] of major issues in Indian competition law with vis-à-vis EU, UK, and the USA • [Exhaustive Analysis] on Rules, Regulations, Guidance issued by CCI & Case Laws decided by the CCI, COMPAT (now NCLAT), High Courts, and the Supreme Court • [Interaction of Competition Act with other Laws] such as: o Administrative Law o Intellectual Property Laws o Telecom Laws

3. © Taxmann
Price : ` 895
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Disclaimer
Every effort has been made to avoid errors or omissions in this publication. In spite
of this, errors may creep in. Any mistake, error or discrepancy noted may be brought
to our notice which shall be taken care of in the next edition. It is notified that
neither the publisher nor the author or seller will be responsible for any damage or
loss of action to any one, of any kind, in any manner, therefrom. It is suggested that
to avoid any doubt the reader should cross-check all the facts, law and contents of
the publication with original Government publication or notifications.
The author has not revealed any confidential facts about any company in the case
studies cited herein. Therefore, no part of this book may be reproduced in any
arbitration or in courts or legal forum as an evidence for actions and defaults since
the cases studies are included as examples for academic purpose only. Care has been
taken that no identity of any organization or person is revealed here. The author has
used his general knowledge, creativity and innovative ideas to express the theme of
disputes through the examples of case studies in India and abroad. Resemblance to
any actual case or incidence may be a mere coincidence.
No part of this book may be reproduced or copied in any form or by any means
[graphic, electronic or mechanical, including photocopying, recording, taping, or
information retrieval systems] or reproduced on any disc, tape, perforated media
or other information storage device, etc., without the written permission of the
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For binding mistake, misprints or for missing pages, etc., the publisher’s liability
is limited to replacement within seven days of purchase by similar edition. All
expenses in this connection are to be borne by the purchaser.
All disputes are subject to Delhi jurisdiction only.

4. I-9
In a sense, the idea of this book took seed in 2015, when a Ld. Judge in
Hon’ble Competition Appellate Tribunal,1
while listening to a matter,
rued the lack of Indian precedents being cited by the counsels. However,
in 2015, there were limited Indian jurisprudence on competition law for
counsels to rely on. Hence, counsels had no options but to rely extensively
on precedents from Europe and United States. Similarly, while advising
the clients or while teaching students, counsels and teachers, were being
forced to rely on judgments coming from Europe and United States and
hope that Competition Commission of India and other forums in India
will stick to the same principles.
However, by 2020, there was a voluminous amount of judgments from
the Learned Competition Commission of India, Hon’ble High Courts of
various States and Hon’ble Supreme Court of India. These judgment not
only covered the legal and economic issues pertaining to competition law,
they also covered the administrative issues arising out of Competition Act,
2002. Interestingly, on occasions these judgments adapted the principles
of competition law in a manner suitable to Indian markets, Indian firms
and Indian legal structure. Hence, last year, when Sudhanshu and I
started discussing the proposal for this book with the Taxmann team,
our primary objective was to write a book which focussed on Indian
Competition law, elucidating Indian jurisprudence and then compare it
with position taken by forums in European Union and United States.
We wanted to dive deep into this fascinating subject and bring out the
micro issues that are or may become relevant to the study and practice
of competition law. Hence, our next objective was to ensure that the
book does not get restricted to just the major provisions of the statute
and broader issues of competition law, but also highlights economic,
technical and administrative concepts/issues that become relevant in
practical application and interpretation of competition law.
We believe deeply that competition law, if applied properly, can assist
in the economic growth of India and benefit it’s population. However,
for that to happen, it cannot afford to be relegated to a hyper-technical
Preface
#OMPETITION
!PPELLATE
4RIBUNAL
WAS
SUBSEQUENTLY
MERGED
INTO
.ATIONAL
#OMPANY
,AW
!PPELLATE
4RIBUNAL

5. 02%!#% I-10
subject, read and understood by select few who specialise in this field.
Hence, our last and final objective was to ensure that the book does
not become a technical treatise meant only for experts but, a document
that can be read and understood by a wider audience which includes,
lawyers, judges, academicians, law makers, market regulators as well as
entrepreneurs.
As authors, we are happy that the book has been able to achieve these
objectives. The book is a repository of the judgments, pertaining to
competition law, passed by Indian forums. It has also been enriched
by the landmark judgments of forums in European Union and United
States. The book discusses both macro and micro issues pertaining to
competition law. It also tries to delve into new issues arising in the field
of competition law, like the e-commerce market and algorithmic systems.
We have tried to keep the language simple and explain the concepts
logically.
We do hope that the readers will find this book useful in navigating the
nuances of competition law.
We acknowledge the research assistance provided by Aishwarya
Gopakumar (LL.M Nalsar 2020) in the completion of this book.
Lastly, we would convey our sincere gratitude to the publishers
M/s Taxmann for their continuous assistance and inputs.
ADV. GAUTAM SHAHI
DR. SUDHANSHU KUMAR

6. 3%#4)/. 0!'%
Foreword I-5
About the Authors I-7
Preface I-9
List of cases I-17
COMPETITION ACT, 2002
CHAPTER I
PRELIMINARY
1. 3HORT
TITLE

7. EXTENT
AND
COMMENCEMENT 3
2. $EFINITIONS 6
CHAPTER II
PROHIBITION OF CERTAIN AGREEMENTS,
ABUSE OF DOMINANT POSITION AND
REGULATION OF COMBINATIONS
Prohibition of agreements
3. !NTI
COMPETITIVE
AGREEMENTS 43
Prohibition of abuse of dominant position
4. !BUSE
OF
DOMINANT
POSITION 126
Regulation of combinations
5. #OMBINATION 196
6. 2EGULATION
OF
COMBINATIONS 214
CHAPTER III
COMPETITION COMMISSION OF INDIA
7. %STABLISHMENT
OF
#OMMISSION 263
8. #OMPOSITION
OF
#OMMISSION 265
Contents
I-11

8. 3%#4)/. 0!'%
9. 3ELECTION
#OMMITTEE
FOR
#HAIRPERSON
AND
-EMBERS
OF
#OMMISSION
268
10. 4ERM
OF
OFFICE
OF
#HAIRPERSON
AND
OTHER
-EMBERS 270
11. 2ESIGNATION

9. REMOVAL
AND
SUSPENSION
OF
#HAIRPERSON
AND
OTHER
-EMBERS
272
12. 2ESTRICTION
ON
EMPLOYMENT
OF
#HAIRPERSON
AND
OTHER
-EMBERS
IN
CERTAIN
CASES
274
13. !DMINISTRATIVE
POWERS
OF
#HAIRPERSON 275
14. 3ALARY
AND
ALLOWANCES
AND
OTHER
TERMS
AND
CONDITIONS
OF
SERVICES
OF
#HAIRPERSON
AND
OTHER
-EMBERS
275
15. 6ACANCY

10. ETC

11. NOT
TO
INVALIDATE
PROCEEDINGS
OF
#OMMISSION 276
16. !PPOINTMENT
OF
$IRECTOR
'ENERAL

12. ETC 276
17. !PPOINTMENT
OF
3ECRETARY

13. EXPERTS

14. PROFESSIONALS
AND
OFFICERS
AND
OTHER
EMPLOYEES
OF
#OMMISSION
279
CHAPTER IV
DUTIES, POWERS AND FUNCTIONS OF
COMMISSION
18. $UTIES
OF
#OMMISSION 280
19. )NQUIRY
INTO
CERTAIN
AGREEMENTS
AND
DOMINANT
POSITION
OF
ENTER
PRISE
282
20. )NQUIRY
INTO
COMBINATION
BY
#OMMISSION 294
21. 2EFERENCE
BY
STATUTORY
AUTHORITY 296
21A. 2EFERENCE
BY
#OMMISSION 297
22. -EETINGS
OF
#OMMISSION 298
23. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
299
24. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
299
25. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
300
26.
0ROCEDURE
FOR
INQUIRY
UNDER
SECTION
300
27. /RDERS
BY
#OMMISSION
AFTER
INQUIRY
INTO
AGREEMENTS
OR
ABUSE
OF
DOMINANT
POSITION
307
28. $IVISION
OF
ENTERPRISE
ENJOYING
DOMINANT
POSITION 314
29. 0ROCEDURE
FOR
INVESTIGATION
OF
COMBINATIONS 315
S.29 #/.4%.43 I-12

15. 3%#4)/. 0!'%
30. 0ROCEDURE
IN
CASE
OF
NOTICE
UNDER
SUB
SECTION
OF
SECTION
317
31. /RDERS
OF
#OMMISSION
ON
CERTAIN
COMBINATIONS 318
32. !CTS
TAKING
PLACE
OUTSIDE
)NDIA
BUT
HAVING
AN
EFFECT
ON
COMPETI
TION
IN
)NDIA
322
33. 0OWER
TO
ISSUE
INTERIM
ORDERS 325
34. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
327
35. !PPEARANCE
BEFORE
#OMMISSION 327
36. 0OWER
OF
#OMMISSION
TO
REGULATE
ITS
OWN
PROCEDURE 328
37. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
336
38. 2ECTIFICATION
OF
ORDERS 336
39. %XECUTION
OF
ORDERS
OF
#OMMISSION
IMPOSING
MONETARY
PENALTY
337
40. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
339
CHAPTER V
DUTIES OF DIRECTOR GENERAL
41. $IRECTOR
'ENERAL
TO
INVESTIGATE
CONTRAVENTIONS 339
CHAPTER VI
PENALTIES
42. #ONTRAVENTION
OF
ORDERS
OF
#OMMISSION 342
42A. #OMPENSATION
IN
CASE
OF
CONTRAVENTION
OF
ORDERS
OF
COMMISSION
345
43. 0ENALTY
FOR
FAILURE
TO
COMPLY
WITH
DIRECTIONS
OF
#OMMIS-
SION
AND
$IRECTOR
'ENERAL
345
43A. 0OWER
TO
IMPOSE
PENALTY
FOR
NON
FURNISHING
OF
INFORMATION
ON
COMBINATIONS
347
44. 0ENALTY
FOR
MAKING
FALSE
STATEMENT
OR
OMISSION
TO
FURNISH
MATE
RIAL
INFORMATION
349
45. 0ENALTY
FOR
OFFENCES
IN
RELATION
TO
FURNISHING
OF
INFORMATION 349
46. 0OWER
TO
IMPOSE
LESSER
PENALTY 350
47. #REDITING
SUMS
REALISED
BY
WAY
OF
PENALTIES
TO
#ONSOLI-
DATED
UND
OF
)NDIA
357
I-13 #/.4%.43 S.48

16. 3%#4)/. 0!'%
48. #ONTRAVENTION
BY
COMPANIES 358
CHAPTER VII
COMPETITION ADVOCACY
49. #OMPETITION
ADVOCACY 361
CHAPTER VIII
FINANCE, ACCOUNTS AND AUDIT
50. 'RANTS
BY
#ENTRAL
'OVERNMENT 366
51. #ONSTITUTION
OF
FUND 366
52. !CCOUNTS
AND
AUDIT 367
53. URNISHING
OF
RETURNS

17. ETC

18. TO
#ENTRAL
'OVERNMENT 369
CHAPTER VIIIA
APPELLATE TRIBUNAL
53A. !PPELLATE
4RIBUNAL 370
53B. !PPEAL
TO
!PPELLATE
4RIBUNAL 374
53C. to
53M.
;Omitted by the Finance Act, 2017, w.e.f. 26-5-2017= 377
53N. !WARDING
COMPENSATION 379
53-O. 0ROCEDURE
AND
POWERS
OF
!PPELLATE
4RIBUNAL 383
53P. %XECUTION
OF
ORDERS
OF
!PPELLATE
4RIBUNAL 385
53Q. #ONTRAVENTION
OF
ORDERS
OF
!PPELLATE
4RIBUNAL 386
53R. ;Omitted by the Finance Act, 2017, w.e.f. 26-5-2017= 387
53S. 2IGHT
TO
LEGAL
REPRESENTATION 387
53T. !PPEAL
TO
3UPREME
#OURT 388
53U. 0OWER
TO
PUNISH
FOR
CONTEMPT 389
CHAPTER IX
MISCELLANEOUS
54. 0OWER
TO
EXEMPT 390
55. 0OWER
OF
#ENTRAL
'OVERNMENT
TO
ISSUE
DIRECTIONS 395
56. 0OWER
OF
#ENTRAL
'OVERNMENT
TO
SUPERSEDE
#OMMISSION 396
57. 2ESTRICTION
ON
DISCLOSURE
OF
INFORMATION 398
S.57 #/.4%.43 I-14

19. 3%#4)/. 0!'%
58. #HAIRPERSON

20. -EMBERS

21. $IRECTOR
'ENERAL

22. 3ECRETARY

23. /FFICERS
AND
OTHER
EMPLOYEES

24. ETC

25. TO
BE
PUBLIC
SERVANTS
402
59. 0ROTECTION
OF
ACTION
TAKEN
IN
GOOD
FAITH 403
60. !CT
TO
HAVE
OVERRIDING
EFFECT 404
61. %XCLUSION
OF
JURISDICTION
OF
CIVIL
COURTS 408
62. !PPLICATION
OF
OTHER
LAWS
NOT
BARRED 408
63. 0OWER
TO
MAKE
RULES 409
64. 0OWER
TO
MAKE
REGULATIONS 414
65. 0OWER
TO
REMOVE
DIFFICULTIES 416
66. 2EPEAL
AND
SAVING 416
APPENDICES
‹
#OMPETITION
!CT

26. 429
‹
.OTIlCATIONS 495
‹
#OMPETITION
#OMMISSION
OF
)NDIA
'ENERAL
2EGULATIONS

27. 508
‹
#OMPETITION
#OMMISSION
OF
)NDIA
$ETERMINATION
OF
#OST
OF
0RODUC
TION
2EGULATIONS

28. 536
‹
#OMPETITION
#OMMISSION
OF
)NDIA
2ETURN
ON
-EASURES
FOR
THE
0ROMOTION
OF
#OMPETITION
!DVOCACY

29. !WARENESS
AND
4RAINING
ON
#OMPETITION
)SSUES
2ULES

30. 538
‹
#OMPETITION
#OMMISSION
OF
)NDIA
,ESSER
0ENALTY
2EGULATIONS

31. 541
‹
#OMPETITION
#OMMISSION
OF
)NDIA
-ANNER
OF
2ECOVERY
OF
-ONETARY
0ENALTY
2EGULATIONS

32. 548
‹
#OMPETITION
!PPELLATE
4RIBUNAL
ORM
AND
EE
FOR
lLING
AN
APPEAL
AND
FEE
FOR
lLING
COMPENSATION
APPLICATIONS
2ULES

33. 559
‹
#OMPETITION
#OMMISSION
OF
)NDIA
-EETING
FOR
4RANSACTION
OF
USINESS
2EGULATIONS

34. 565
‹
#OMPETITION
#OMMISSION
OF
)NDIA
0ROCEDURE
FOR
%NGAGEMENT
OF
%XPERTS
AND
0ROFESSIONALS
2EGULATIONS

35. 569
‹
#OMPETITION
#OMMISSION
OF
)NDIA
ORM
OF
!NNUAL
3TATEMENT
OF
!CCOUNTS
2ULES

36. 576
‹
#OMPETITION
#OMMISSION
OF
)NDIA
ORM
AND
4IME
OF
0REPA
RATION
OF
!NNUAL
2EPORT
2ULES

37. 595
I-15 #/.4%.43 S.66

38. 3%#4)/. 0!'%
‹
#OMPETITION
!PPELLATE
4RIBUNAL
4ERM
OF
THE
3ELECTION
#OMMI
TTEE
AND
THE
MANNER
OF
SELECTION
OF
PANEL
OF
NAMES
2ULES

39. 603
‹
#OMPETITION
!PPELLATE
4RIBUNAL
3ALARIES
AND
!LLOWANCES
AND
OTHER
4ERMS
AND
#ONDITIONS
OF
3ERVICE
OF
THE
#HAIRPERSON
AND
OTHER
-EMBERS
2ULES

40. 605
‹
#OMPETITION
!PPELLATE
4RIBUNAL
2ECRUITMENT

41. 3ALARIES
AND
OTHER
4ERMS
AND
#ONDITIONS
OF
3ERVICE
OF
/FlCERS
AND
OTHER
%MPLOYEES
2ULES

42. 612
‹
#OMPETITION
#OMMISSION
OF
)NDIA
4ERM
OF
THE
3ELECTION
#OMMITTEE
AND
THE
-ANNER
OF
3ELECTION
OF
0ANEL
OF
.AMES
2ULES

43. 622
‹
#OMPETITION
#OMMISSION
OF
)NDIA
3ELECTION
OF
#HAIRPERSON
AND
OTHER
-EMBERS
OF
THE
#OMMISSION
2ULES

44. 624
‹
#OMPETITION
#OMMISSION
OF
)NDIA
3ALARY

45. !LLOWANCES
AND
OTHER
4ERMS
AND
#ONDITIONS
OF
3ERVICE
OF
#HAIRPERSON
AND
OTHER
-EMBERS
2ULES

46. 626
‹
#OMPETITION
#OMMISSION
OF
)NDIA
$IRECTOR
'ENERAL
2ECRUITMENT
2ULES

47. 629
‹
#OMPETITION
#OMMISSION
OF
)NDIA
/ATH
OF
/FlCE
AND
OF
3ECRECY
FOR
#HAIRPERSON
AND
OTHER
-EMBERS
2ULES

48. 632
‹
#OMPETITION
#OMMISSION
OF
)NDIA
3ALARY

49. !LLOWANCES

50. OTHER
4ERMS
AND
#ONDITIONS
OF
3ERVICE
OF
THE
3ECRETARY
AND
/FlCERS
AND
/THER
%MPLOYEES
OF
THE
#OMMISSION
AND
THE
.UMBER
OF
SUCH
/FlCERS
AND
OTHER
%MPLOYEES
2ULES

51. 634
‹
#OMPETITION
#OMMISSION
OF
)NDIA
.UMBER
OF
!DDITIONAL

52. *OINT

53. $EPUTY
OR
!SSISTANT
$IRECTOR
'ENERAL

54. OTHER
/FlCERS
AND
%MPLOYEES

55. THEIR
-ANNER
OF
!PPOINTMENT

56. 1UALIlCATION

57. 3ALARY

58. !LLOWANCES
AND
OTHER
4ERMS
AND
#ONDITIONS
OF
3ERVICE
2ULES

59. 661
‹
#OMPETITION
#OMMISSION
OF
)NDIA
0ROCEDURE
IN
REGARD
TO
THE
4RANSACTION
OF
USINESS
2ELATING
TO
#OMBINATIONS
2EGULATIONS

60. 674
‹
#OMPETITION
!PPELLATE
4RIBUNAL
0ROCEDURE
2EGULATIONS

61. 713
‹
#OMPETITION
#OMMISSION
OF
)NDIA
#OMPETITION
!SSESSMENT
OF
%CONOMIC
,EGISLATIONS
AND
0OLICIES
'UIDELINES

62. 717
‹
#ONDITIONS
OF
3ERVICE
OF
#HAIRPERSON
AND
-EMBERS
OF
4RIBUNALS

63. !PPELLATE
4RIBUNALS
AND
OTHER
!UTHORITIES
723
SUBJECT INDEX 749
#/.4%.43 I-16

64. SAMPLE CHAPTER
COMMENTS
17.1 Appointment of personnel of CCI
3ECTION
OF
THE
!CT
PROVIDES
FOR
APPOINTMENT
OF
3ECRETARY

65. EXPERTS

66. PROFES-
SIONALS
AND
OFFICERS
AND
OTHER
EMPLOYEES
OF
##)
)N
EXERCISE
OF
THE
POWERS
CONFERRED
BY
3ECTION
g
READ
WITH
3ECTION
OF
THE
!CT

67. THE
#ENTRAL
'OVERNMENT
FRAMED
THE
#OMPETITION
#OMMISSION
OF
)NDIA
SALARY

68. ALLOWANCES

69. OTHER
TERMS
AND
CONDITIONS
OF
SERVICE
OF
THE
3ECRETARY
AND
OFFICERS
AND
OTHER
EMPLOYEES
OF
THE
#OMMISSION
AND
THE
NUMBER
OF
SUCH
OFFICERS
AND
OTHER
EMPLOYEES
2ULES

70. 4HE
2ULES
PROVIDE
FOR
SALARY
AND
ALLOWANCES

71. CONDITIONS
OF
SERVICE
AND
ALLOWANCES
FOR
THE
3ECRETARY

72. /FFICERS
AND
OTHER
EMPLOYEES
OF
THE
##)
URTHER

73. IN
EXERCISE
OF
THE
POWERS
CONFERRED
BY
3ECTION
d
READ
WITH
3ECTION
OF
THE
!CT

74. THE
##)
FRAMED
THAT
@0ROCEDURE
FOR
%NGAGEMENT
OF
%XPERTS
AND
0ROFESSIONALS
2EGULATIONS

75. 4HE
2EGULATIONS
PROVIDES
FOR
THE
ENGAGEMENT
OF
EXPERTS
AND
PROFESSIONALS
IN
THE
FIELDS
OF
ECONOMICS

76. LAW

77. BUSINESS
OR
SUCH
OTHER
DISCIPLINES
RELATED
TO
COMPETITION
AND
WHO
SHALL
DISCHARGE
SUCH
FUNCTIONS
AS
DIRECTED
BY
THE
#HAIRPERSON

78. IN
ASSISTING
THE
#OMMISSION
4HE
2EGULATIONS
ALSO
PROVIDE
FOR
QUALIFICATIONS

79. EXPERIENCE
AND
CLASSIFICATION
OF
EXPERTS
AND
PROFESSIONALS
TERMS
AND
CONDITIONS
OF
ENGAGEMENT

80. REMUNERATION
OF
EXPERTS
AND
OTHER
RELATED
MATTERS
CHAPTER IV
DUTIES, POWERS AND FUNCTIONS OF COMMISSION
Duties of Commission.
18.
3UBJECT
TO
THE
PROVISIONS
OF
THIS
!CT

81. IT
SHALL
BE
THE
DUTY
OF
THE
#OMMISSION
TO
ELIMINATE
PRACTICES
HAVING
ADVERSE
EFFECT
ON
COM-
PETITION

82. PROMOTE
AND
SUSTAIN
COMPETITION

83. PROTECT
THE
INTER
ESTS
OF
CONSUMERS

84. AND
ENSURE
FREEDOM
OF
TRADE
CARRIED
ON
BY
OTHER
PAR
TICIPANTS

85. IN
MARKETS
IN
)NDIA
Provided
THAT
THE
#OMMISSION
MAY

86. FOR
THE
PURPOSE
OF
DISCHARGING
ITS
DUTIES
OR
PERFORMING
ITS
FUNCTIONS
UNDER
THIS
!CT

87. ENTER
INTO
ANY
MEMORANDUM
OR
ARRANGEMENT

88. WITH
THE
PRIOR
APPROVAL
OF
THE
#ENTRAL
'OVERNMENT

89. WITH
ANY
AGENCY
OF
ANY
FOREIGN
COUNTRY
%NFORCED
WITH
EFFECT
FROM
S. 18 #/-0%4)4)/.
!#4

90. 280

91. COMMENTS
18.1 Duties of the CCI
4HE
MAIN
OBJECTIVE
OF
COMPETITION
LAW
IS
TO
PROMOTE
ECONOMIC
EFFICIENCY
USING
COMPETITION
AS
ONE
OF
THE
MEANS
OF
ASSISTING
THE
CREATION
OF
MARKET
RESPON-
SIVE
TO
CONSUMER
PREFERENCES
4HE
#OMPETITION
!CT
IS
AIMED
AT
ADDRESSING
THE
EVILS
AFFECTING
THE
ECONOMIC
LANDSCAPE
OF
THE
COUNTRY
IN
WHICH
INTEREST
OF
THE
SOCIETY
AND
CONSUMERS
AT
LARGE
IS
DIRECTLY
INVOLVED
/NE
OF
THE
AVOWED
OBJECTIVES
OF
THE
!CT
IS
TO
PROMOTE
CONSUMERS
WELFARE
BY
PREVENTING
MARKET
DISTORTIONS
CAUSED
BY
SUCH
ACTIONS
AND
AGREEMENTS
OF
THE
ENTERPRISES
WHICH
MILITATE
AGAINST
THE
COMPETITION
AND
CONSUMERS
INTEREST
4HE
COMPETITION
LAW
BY
ITS
VERY
NATURE
ENVISAGES
THAT
THERE
ARE
SITUATIONS
WHERE
THE
#OMMISSION
HAS
A
ROLE
AND
HAS
TO
CONTROL
BEHAVIOUR
OF
THE
ENTERPRISES
IN
THE
MARKET
PLACE
IN
ORDER
TO
ACHIEVE
CONSUMER
WELFARE
3ECTION
OF
THE
!CT
WHICH
IS
IN
CONSONANCE
WITH
THE
PREAMBLE
OF
THE
!CT

92. CASTS
AN
OBLIGATION
ON
THE
##)
TO
@ELIMINATE
ANTI
COMPETITIVE
PRACTICES
AND
PROMOTE
COMPETITION

93. INTERESTS
OF
THE
CONSUMERS
AND
FREE
TRADE
4HE
EXERCISE
OF
POWER
UNDER
3ECTION
IS
SUBJECT
TO
OTHER
PROVISIONS
OF
THE
!CT
4HE
AIM
OF
THE
#OMMISSION
IS
THE
INSTITUTION
OF
A
SYSTEM
OF
UNDISTORTED
COMPETITION
WHICH
IS
COMMENSURATE
TO
THE
PROMOTION
OF
THE
INTERESTS
OF
THE
CONSUMER
4HE
PREAMBLE
OF
THE
#OMPETITION
!CT
AND
3ECTION
MANDATES
THE
#OMMIS-
SION
TO
hPROTECT
THE
INTEREST
OF
CONSUMERSv
AND
IT
IS
IMPORTANT
TO
ENSURE
THAT
CONSUMERS
SURPLUS
IS
NOT
ADVERSELY
IMPACTED
18.2 International Cooperation
4HE
#OMMISSION
MAY
ENTER
INTO
ANY
MEMORANDUM
OR
ARRANGEMENT
WITH
THE
PRIOR
APPROVAL
OF
THE
#ENTRAL
'OVERNMENT

94. WITH
ANY
AGENCY
OF
ANY
FOREIGN
COUNTRY
!S
MANDATED
UNDER
3ECTION
OF
THE
#OMPETITION
!CT

95. THE
#OMMISSION
HAS
ENTERED
INTO
-EMORANDUM
OF
5NDERSTANDING
-/5

96. AFTER
OBTAINING
APPROVAL
FROM
THE
'OVERNMENT
OF
)NDIA

97. WITH
THE
FOLLOWING
COMPETITION
AUTHORITIES
TILL
-ARCH
EDERAL
4RADE
#OMMISSION
4#
AND
$EPARTMENT
OF
*USTICE
$/*

98. 53!
$IRECTOR
'ENERAL
#OMPETITION

99. %UROPEAN
5NION
%5
EDERAL
!NTIMONOPOLY
3ERVICE
!3

100. 2USSIA
Competition Commission of India
V Steel Authority of India Ltd. ;=
TAXMANNCOM
3#,
3#
Ramakant Kini
V
Dr. L.H. Hiranandani Hospital
#OMP
,
2
##)
Excel Crop. Care Limited
V
Competition Commission of India !)2
3#
Shamsher Kataria Informant
V Honda Siel Cars India Ltd.
#OMP,2
##)
Belaire Owner’s Association V DLF Ltd.
;=
TAXMANNCOM
##)
281 #(
)6
$54)%3

101. 0/7%23
5.#4)/.3
/
#/--)33)/. S. 18

102. !USTRALIAN
#OMPETITION
AND
#ONSUMER
#OMMISSION
!###
#OMPETITION
UREAU
#
#ANADA
AND
#OMPETITION
AUTHORITIES
OF
THE
EDERATIVE
2EPUBLIC
OF
RAZIL

103. THE
2USSIAN
EDERATION

104. THE
2EPUBLIC
OF
)NDIA

105. THE
0EOPLES
2EPUBLIC
OF
#HINA
AND
THE
2EPUBLIC
OF
3OUTH
!FRICA
2)#3
#OUNTRIES
)N
THE
YEAR

106. THE
#OMMISSION
PROCESSED
TWO
-/5S
i.e.

107. i
-/5
WITH
*APAN
AIR
4RADE
#OMMISSION
*4#
ii
-/5
WITH
!DMINISTRATIVE
#OUNCIL
FOR
%CONOMIC
$EFENSE
#!$%
RAZIL
4HE
#OMMISSION
IS
AWAITING
THE
GOVERNMENT
APPROVAL
TO
SIGN
THE
-/5S
!PART
FROM
THE
-O5S
MENTIONED
ABOVE

108. ##)
IS
ALSO
A
MEMBER
OF
)NTERNATIONAL
#OMPETITION
.ETWORK
)#.
2)#3
AND
HAS
AN
INDEPENDENT
OBSERVER
STATUS
WITH
5.#4!$
4HE
##)
IS
ALSO
A
MEMBER
OF
THE
#OMPETITION
#OMMITTEE
OF
/RGANIZATION
FOR
%CONOMIC
#O
OPERATION
AND
$EVELOPMENT
/%#$
4HE
#OM-
MISSION
HAS
BEEN
PROACTIVELY
ENGAGING
WITH
5NITED
.ATIONS
#ONFERENCE
ON
4RADE
AND
$EVELOPMENT
AND
5.#4!$
;A
5.
BODY
RESPONSIBLE
TO
DEAL
WITH
DEVELOPMENT
ISSUES

109. PARTICULARLY
INTERNATIONAL
TRADE=
AND
5NITED
.ATIONS
#ON-
FERENCE
ON
4RADE
AND
$EVELOPMENT
THE
MAIN
DRIVER
OF
DEVELOPMENT
5.#4!$
Inquiry into certain agreements and dominant position of enter-
prise.
19.
4HE
#OMMISSION
MAY
INQUIRE
INTO
ANY
ALLEGED
CONTRAVEN-
TION
OF
THE
PROVISIONS
CONTAINED
IN
SUB
SECTION
OF
SECTION
OR
SUB
SECTION
OF
SECTION
EITHER
ON
ITS
OWN
MOTION
OR
ONˆ
a
RECEIPT
OF
;ANY
INFORMATION

110. IN
SUCH
MANNER
AND=
ACCOM-
PANIED
BY
SUCH
FEE
AS
MAY
BE
DETERMINED
BY
REGULATIONS
FROM
ANY
PERSON

111. CONSUMER
OR
THEIR
ASSOCIATION
OR
TRADE
ASSOCIATION
OR
b
A
REFERENCE
MADE
TO
IT
BY
THE
#ENTRAL
'OVERNMENT
OR
A
3TATE
'OVERNMENT
OR
A
STATUTORY
AUTHORITY
7ITHOUT
PREJUDICE
TO
THE
PROVISIONS
CONTAINED
IN
SUB
SECTION

112. THE
POWERS
AND
FUNCTIONS
OF
THE
#OMMISSION
SHALL
INCLUDE
THE
POWERS
AND
FUNCTIONS
SPECIlED
IN
SUB
SECTIONS
TO
%NFORCED
WITH
EFFECT
FROM
3UBSTITUTED
FOR
hA
COMPLAINT

113. v
BY
THE
#OMPETITION
!MENDMENT
!CT

114. WEF
S. 19 #/-0%4)4)/.
!#4

115. 282

116. 4HE
#OMMISSION
SHALL

117. WHILE
DETERMINING
WHETHER
AN
AGREEMENT
HAS
AN
APPRECIABLE
ADVERSE
EFFECT
ON
COMPETITION
UNDER
SECTION

118. HAVE
DUE
REGARD
TO
ALL
OR
ANY
OF
THE
FOLLOWING
FACTORS

119. NAMELYˆ
a
CREATION
OF
BARRIERS
TO
NEW
ENTRANTS
IN
THE
MARKET
b
DRIVING
EXISTING
COMPETITORS
OUT
OF
THE
MARKET
c
FORECLOSURE
OF
COMPETITION
BY
HINDERING
ENTRY
INTO
THE
MARKET
d
ACCRUAL
OF
BENEFITS
TO
CONSUMERS
e
IMPROVEMENTS
IN
PRODUCTION
OR
DISTRIBUTION
OF
GOODS
OR
PROVISION
OF
SERVICES
OR
f
PROMOTION
OF
TECHNICAL

120. SCIENTIFIC
AND
ECONOMIC
DEVEL
OPMENT
BY
MEANS
OF
PRODUCTION
OR
DISTRIBUTION
OF
GOODS
OR
PROVI
SION
OF
SERVICES
4HE
#OMMISSION
SHALL

121. WHILE
INQUIRING
WHETHER
AN
ENTERPRISE
ENJOYS
A
DOMINANT
POSITION
OR
NOT
UNDER
SECTION

122. HAVE
DUE
REGARD
TO
ALL
OR
ANY
OF
THE
FOLLOWING
FACTORS

123. NAMELYˆ
a
MARKET
SHARE
OF
THE
ENTERPRISE
b
SIZE
AND
RESOURCES
OF
THE
ENTERPRISE
c
SIZE
AND
IMPORTANCE
OF
THE
COMPETITORS
d
ECONOMIC
POWER
OF
THE
ENTERPRISE
INCLUDING
COMMERCIAL
ADVANTAGES
OVER
COMPETITORS
e
VERTICAL
INTEGRATION
OF
THE
ENTERPRISES
OR
SALE
OR
SERVICE
NETWORK
OF
SUCH
ENTERPRISES
f
DEPENDENCE
OF
CONSUMERS
ON
THE
ENTERPRISE
g
MONOPOLY
OR
DOMINANT
POSITION
WHETHER
ACQUIRED
AS
A
RESULT
OF
ANY
STATUTE
OR
BY
VIRTUE
OF
BEING
A
'OVERNMENT
COMPANY
OR
A
PUBLIC
SECTOR
UNDERTAKING
OR
OTHERWISE
h
ENTRY
BARRIERS
INCLUDING
BARRIERS
SUCH
AS
REGULATORY
BARRIERS

124. FINANCIAL
RISK

125. HIGH
CAPITAL
COST
OF
ENTRY

126. MARKETING
ENTRY
BARRIERS

127. TECHNICAL
ENTRY
BARRIERS

128. ECONOMIES
OF
SCALE

129. HIGH
COST
OF
SUBSTITUTABLE
GOODS
OR
SERVICE
FOR
CONSUMERS
283 #(
)6
$54)%3

130. 0/7%23
5.#4)/.3
/
#/--)33)/. S. 19

131. i
COUNTERVAILING
BUYING
POWER
j
MARKET
STRUCTURE
AND
SIZE
OF
MARKET
k
SOCIAL
OBLIGATIONS
AND
SOCIAL
COSTS
l
RELATIVE
ADVANTAGE

132. BY
WAY
OF
THE
CONTRIBUTION
TO
THE
ECO
NOMIC
DEVELOPMENT

133. BY
THE
ENTERPRISE
ENJOYING
A
DOMINANT
POSITION
HAVING
OR
LIKELY
TO
HAVE
APPRECIABLE
ADVERSE
EFFECT
ON
COMPETI
TION
m
ANY
OTHER
FACTOR
WHICH
THE
#OMMISSION
MAY
CONSIDER
REL-
EVANT
FOR
THE
INQUIRY
OR
DETERMINING
WHETHER
A
MARKET
CONSTITUTES
A
hRELEVANT
MARKETv
FOR
THE
PURPOSES
OF
THIS
!CT

134. THE
#OMMISSION
SHALL
HAVE
DUE
REGARD
TO
THE
hRELEVANT
GEOGRAPHIC
MARKETv
AND
hRELEVANT
PRODUCT
MARKETv
4HE
#OMMISSION
SHALL

135. WHILE
DETERMINING
THE
hRELEVANT
GEO
GRAPHIC
MARKETv

136. HAVE
DUE
REGARD
TO
ALL
OR
ANY
OF
THE
FOLLOWING
FACTORS

137. NAMELYˆ
a
REGULATORY
TRADE
BARRIERS
b
LOCAL
SPECIFICATION
REQUIREMENTS
c
NATIONAL
PROCUREMENT
POLICIES
d
ADEQUATE
DISTRIBUTION
FACILITIES
e
TRANSPORT
COSTS
f
LANGUAGE
g
CONSUMER
PREFERENCES
h
NEED
FOR
SECURE
OR

138. REGULAR
SUPPLIES
OR
RAPID
AFTER
SALES
SERVICES
4HE
#OMMISSION
SHALL

139. WHILE
DETERMINING
THE
hRELEVANT
PRODUCT
MARKETv

140. HAVE
DUE
REGARD
TO
ALL
OR
ANY
OF
THE
FOLLOWING
FACTORS

141. NAMELYˆ
a
PHYSICAL
CHARACTERISTICS
OR
END
USE
OF
GOODS
b
PRICE
OF
GOODS
OR
SERVICE
S. 19 #/-0%4)4)/.
!#4

142. 284

143. c
CONSUMER
PREFERENCES
d
EXCLUSION
OF
IN
HOUSE
PRODUCTION
e
EXISTENCE
OF
SPECIALISED
PRODUCERS
f
CLASSIFICATION
OF
INDUSTRIAL
PRODUCTS
COMMENTS
19.1 Inquiry by the CCI
3ECTION
OF
THE
!CT
PERMITS
THE
##)
TO
CONDUCT
AN
ENQUIRY
INTO
CERTAIN
KINDS
OF
AGREEMENTS
AND
DOMINANT
POSITION
OF
ENTERPRISE
3UB
SECTION
OF
3ECTION
EMPOWERS
THE
#OMMISSION
TO
INQUIRE
INTO
ANY
ALLEGED
CONTRAVENTION
OF
THE
PROVISIONS
CONTAINED
IN
SUB
SECTION
OF
3ECTION
i.e.
ANTI
COMPETITIVE
AGREEMENTS
OR
SUB
SECTION
OF
3ECTION
i.e.
ABUSE
OF
DOMINANT
POSITION
19.2 Source of Information
!S
PER
3ECTION
OF
THE
!CT

144. THE
#OMMISSION
IS
EMPOWERED
TO
INQUIRE
IN
TO
ANY
ALLEGED
CONTRAVENTION
OF
3ECTION
OR
3ECTION
EITHER
SUO
MOTU
OR
ON
a
2ECEIPT
OF
INFORMATION
FROM
ANY
PERSON

145. CONSUMER
OR
THEIR
ASSOCIATION
OR
TRADE
ASSOCIATION
OR
b
A
REFERENCE
MADE
TO
IT
BY
THE
#ENTRAL
'OVERNMENT
OR
A
3TATE
'OVERNMENT
OR
A
STATUTORY
AUTHORITY
6IDE
THE
#OMPETITION
!MENDMENT
!CT

146. THE
PROVISIONS
OF
3ECTION
a
WERE
AMENDED
SUBSTITUTING
THE
WORDS
hRECEIPT
OF
A
COMPLAINTv
WITH
hRECEIPT
OF
ANY
INFORMATIONv
4HIS
AMENDMENT
CLEARLY
REFLECTS
THE
LEGISLATIVE
INTENTION
OF
EMPHASIZING
THE
INQUISITORIAL
NATURE
OF
THE
PROCEEDINGS
OF
THE
#OMMISSION
4HE
#OMMISSION
DOES
NOT
ADJUDICATE
lis
BETWEEN
INFORMANT
AND
THE
OPPOSITE
PARTY
2ATHER

147. IT
ACTS
TO
RESTORE
COMPETITION
IN
THE
MARKET
4HE
#OMPETITION
#OMMISSION
OF
)NDIA
'ENERAL
2EGULATIONS

148. LAYS
DOWN
THE
PROCEDURAL
REQUIREMENTS
TO
FILE
INFORMATION
WITH
THE
#OMMISSION
‹
#ONTENTS
OF
INFORMATION
OR
REFERENCE
2EG
‹
3IGNING
OF
INFORMATION
OR
REFERENCE
2EG
‹
0ROCEDURE
FOR
FILING
OF
INFORMATION
OR
REFERENCE
2EG
‹
0ROCEDURE
FOR
FILING
OF
INFORMATION
OR
REFERENCE
IN
ELECTRONIC
FORM
2EG
‹
0ROCEDURE
FOR
SCRUTINY
OF
INFORMATION
OR
REFERENCE
2EG
‹
0OWER
OF
#OMMISSION
TO
JOIN
MULTIPLE
INFORMATION
2EG
Western Coalfields Ltd.
V
SSV Coal Carriers (P.) Ltd. ;=
TAXMANNCOM
##)
285 #(
)6
$54)%3

149. 0/7%23
5.#4)/.3
/
#/--)33)/. S. 19

150. ‹
!MENDMENT
OF
INFORMATION
2EG
‹
#ONFIDENTIALITY
OF
IDENTITY
OF
INFORMANT
2EG
‹
EE
UNDER
CLAUSE
a
OF
SUB
SECTION
OF
SECTION
OF
THE
!CT
2EG
19.2.1 Locus to file information
4HE
#OMPETITION
!CT

151. DOES
NOT
PRESCRIBE
ANY
QUALIFICATION
FOR
THE
PERSON
WHO
WANTS
TO
FILE
INFORMATION
UNDER
3ECTION
a
4HERE
ARE
NO
CONDITIONS
WHICH
MUST
BE
FULFILLED
BEFORE
INFORMATION
CAN
BE
FILED
UNDER
THE
SECTION
URTHER

152. THERE
IS
NOTHING
IN
THE
PLAIN
LANGUAGE
OF
3ECTIONS
AND
READ
WITH
3ECTION
FROM
WHICH
IT
CAN
BE
INFERRED
THAT
THE
#OMMISSION
HAS
THE
POWER
TO
REJECT
THE
PRAYER
FOR
AN
INVESTIGATION
INTO
THE
ALLEGATIONS
INVOLVING
VIOLATION
OF
3ECTIONS
AND
ONLY
ON
THE
GROUND
THAT
THE
INFORMANT
DOES
NOT
HAVE
PERSONAL
INTEREST
IN
THE
MATTER
OR
HE
APPEARS
TO
BE
ACTING
AT
THE
BEHEST
OF
SOMEONE
ELSE
4HUS

153. THE
)NFORMANT
NEED
NOT
NECESSARILY
BE
AN
AGGRIEVED
PARTY
TO
FILE
A
CASE
BEFORE
THE
#OMMISSION
URTHER

154. IT
IS
BECAUSE
OF
THE
INQUISITORIAL
SCHEME
OF
THE
!CT

155. THAT
THE
#OMMISSION
IN
APPROPRIATE
CASES

156. DEFENDS
ITS
ORDERS
IN
HIGHER
FORUMS

157. REGARDLESS
OF
THE
FACT
AS
TO
WHO
BROUGHT
SUCH
CASE
BEFORE
IT

158. WHICH
IS
NOT
A
NORMAL
FEATURE
IN
ADVERSARIAL
PROCEEDINGS
19.2.2 Informant vs. Complainant
4HE
(ONBLE
3UPREME
#OURT
IN
SamirAgarwal21
APPROVED
THE
AFORESAID
POSITION
REGARDING
locus standi
OF
THE
)NFORMANT
4HE
!PEX
#OURT
RELIED
ON
THE
FOLLOWING
REASONING
TO
COME
TO
THE
SAID
CONCLUSION
‹
!
READING
OF
THE
PROVISIONS
OF
THE
#OMPETITION
!CT
AND
#OMPETITION
#OMMISSION
OF
)NDIA
'ENERAL
2EGULATIONS

159. SHOWS
THAT
hANY
PER-
SONv
MAY
PROVIDE
INFORMATION
TO
THE
##)
4HE
DEFINITION
OF
hPERSONv
IN
SECTION
l
OF
THE
#OMPETITION
!CT

160. IS
AN
INCLUSIVE
ONE
AND
IS
EXTREMELY
WIDE

161. INCLUDING
INDIVIDUALS
OF
ALL
KINDS
AND
EVERY
ARTIFICIAL
JURIDICAL
PERSON
4HIS
MAY
BE
CONTRASTED
WITH
THE
DEFINITION
OF
hCONSUMERv
IN
SECTION
f
OF
THE
!CT

162. WHICH
MAKES
IT
CLEAR
THAT
ONLY
PERSONS
WHO
BUY
GOODS
FOR
CONSIDERATION

163. OR
HIRE
OR
AVAIL
OF
SERVICES
FOR
A
CONSIDERATION

164. ARE
RECOGNISED
AS
CONSUMERS
‹
!
LOOK
AT
SECTION
OF
THE
!CT
WOULD
SHOW
THAT
THE
#OMPETITION
!CT
ORIGINALLY
PROVIDED
FOR
THE
hRECEIPT
OF
A
COMPLAINTv
FROM
ANY
PERSON

165. CONSUMER
OR
THEIR
ASSOCIATION

166. OR
TRADE
ASSOCIATION
4HIS
EXPRESSION
WAS
THEN
SUBSTITUTED
WITH
THE
EXPRESSION
hRECEIPT
OF
ANY
INFORMATION
IN
SUCH
3EE

167. Surendra Prasad
V
Competition Commission of India ;=
TAXMANNCOM
#!4
3EE
ALSO

168. Reliance Agency
V
Chemists Druggists Association of Baroda ;=
TAXMANN
COM
##)
!LSO
SEE

169. Harshita Chawla
V
WhatsApp Inc. ;=
TAXMANNCOM
3#,
##)
3AMIR
!GRAWAL
V
#OMPETITION
#OMMISSION
OF
)NDIA
-,*
3#
S. 19 #/-0%4)4)/.
!#4

170. 286

171. MANNER
ANDv
BY
THE
!MENDMENT
4HIS
SUBSTITUTION
IS
NOT
WITHOUT
SIGNIFICANCE
7HEREAS

172. A
complaint COULD
BE
FILED
ONLY
FROM
A
PERSON
WHO
WAS
AGGRIEVED
BY
A
PARTICULAR
ACTION

173. information MAY
BE
RECEIVED
FROM
ANY
PERSON

174. OBVIOUSLY
WHETHER
SUCH
PERSON
IS
OR
IS
NOT
PERSONALLY
AFFECTED
4HIS
IS
FOR
THE
REASON
THAT
THE
PROCEEDINGS
UNDER
THE
!CT
ARE
PROCEEDINGS
in rem WHICH
AFFECT
THE
PUBLIC
INTEREST
4HAT
THE
##)
MAY
INQUIRE
INTO
ANY
ALLEGED
CONTRAVENTION
OF
THE
PROVISIONS
OF
THE
!CT
ON
ITS
OWN
MOTION

175. IS
ALSO
LAID
DOWN
IN
SECTION
OF
THE
!CT
URTHER

176. EVEN
WHILE
EXERCISING
suomotu POWERS

177. THE
##)
MAY
RECEIVE
INFORMATION
FROM
ANY
PERSON
AND
NOT
MERELY
FROM
A
PERSON
WHO
IS
AGGRIEVED
BY
THE
CONDUCT
THAT
IS
ALLEGED
TO
HAVE
OCCURRED
4HIS
ALSO
FOLLOWS
FROM
A
READING
OF
SECTION
OF
THE
!CT

178. IN
WHICH
THE
EARLIER
EXPRESSION
hCOM-
PLAINANT
OR
DEFENDANTv
HAS
BEEN
SUBSTITUTED
BY
THE
EXPRESSION

179. hPERSON
OR
AN
ENTERPRISE

180. v
SETTING
OUT
THAT
THE
INFORMANT
MAY
APPEAR
EITHER
IN
PERSON

181. OR
THROUGH
ONE
OR
MORE
AGENTS

182. BEFORE
THE
##)
TO
PRESENT
THE
INFORMATION
THAT
HE
HAS
GATHERED
‹
3ECTION
OF
THE
!CT
IS
A
DETERRENT
AGAINST
PERSONS
WHO
PROVIDE
INFOR-
MATION
TO
THE
##)

183. mala fide OR
RECKLESSLY

184. INASMUCH
AS
FALSE
STATEMENTS
AND
OMISSIONS
OF
MATERIAL
FACTS
ARE
PUNISHABLE
WITH
A
PENALTY
OF
UP
TO
RUPEES
ONE
CRORE

185. WITH
THE
##)
BEING
EMPOWERED
TO
PASS
OTHER
SUCH
ORDERS
AS
IT
DEEMS
FIT
‹
2EGULATION
OF
THE
#OMPETITION
#OMMISSION
OF
)NDIA
'ENERAL
2EGULA-
TIONS

186. DOES
NOT
REQUIRE
THE
INFORMANT
TO
STATE
HOW
HE
IS
PERSONALLY
AGGRIEVED
BY
THE
CONTRAVENTION
OF
THE
#OMPETITION
!CT
!LSO

187. REGULATION
OF
THE
#OMPETITION
#OMMISSION
OF
)NDIA
'ENERAL
2EGULATIONS

188. SHOWS
THAT
PUBLIC
INTEREST
MUST
BE
FOREMOST
IN
THE
CONSIDERATION
OF
THE
##)
WHEN
AN
APPLICATION
IS
MADE
TO
IT
IN
WRITING
THAT
A
PERSON
OR
ENTER-
PRISE
HAS
SUBSTANTIAL
INTEREST
IN
THE
OUTCOME
OF
THE
PROCEEDINGS

189. AND
SUCH
PERSON
MAY
THEREFORE
BE
ALLOWED
TO
TAKE
PART
IN
THE
PROCEEDINGS
)T
IS
ALSO
EXTREMELY
IMPORTANT
TO
NOTE
THAT
REGULATION
OF
#OMPETITION
#OMMISSION
OF
)NDIA
'ENERAL
2EGULATIONS

190. BY
WHICH
THE
##)
MUST
MAINTAIN
CONFIDENTIALITY
OF
THE
IDENTITY
OF
AN
INFORMANT
ON
A
REQUEST
MADE
TO
IT
IN
WRITING

191. SO
THAT
SUCH
INFORMANT
BE
FREE
FROM
HARASSMENT
BY
PERSONS
INVOLVED
IN
CONTRAVENING
THE
!CT
4HE
!CT
HAS
BEEN
CONCEIVED
TO
FOLLOW
AN
INQUISITORIAL
SYSTEM
WHEREIN
THE
#OMMISSION
IS
EXPECTED
TO
INQUIRE
CASES
INVOLVING
COMPETITION
ISSUES
in rem

192. RATHER
THAN
ACTING
AS
A
MERE
ARBITER
TO
ASCERTAIN
FACTS
AND
DETERMINE
RIGHTS
in personam
ARISING
OUT
OF
RIVAL
CLAIMS
BETWEEN
PARTIES
(ENCE

193. THE
)NFORMANT
NEED
NOT
NECESSARILY
BE
AN
AGGRIEVED
PARTY
TO
FILE
A
CASE
BEFORE
THE
##)
XYZ
V
Alphabet Inc. ;=
TAXMANNCOM
##)
287 #(
)6
$54)%3

194. 0/7%23
5.#4)/.3
/
#/--)33)/. S. 19

195. 4HE
#OMMISSION
HAS
BEEN
VESTED
WITH
THE
POWER
TO
suo motu
TAKE
COGNIZANCE
OF
ANY
ALLEGED
CONTRAVENTION
OF
3ECTION
OR
3ECTION
OF
THE
!CT
AND
HOLD
AN
INQUIRY
WHICH
MEANS
THAT
THE
#OMMISSION
IS
NOT
REQUIRED
TO
WAIT
FOR
RECEIPT
OF
A
REFERENCE
FROM
THE
#ENTRAL
OR
THE
3TATE
'OVERNMENT
OR
A
STATUTORY
AUTHORITY
OR
A
FORMAL
INFORMATION
BY
SOMEONE
FOR
EXERCISING
POWER
UNDER
3ECTION
READ
WITH
3ECTION
OF
THE
!CT
)N
A
GIVEN
CASE

196. THE
#OMMISSION
MAY
NOT
ACT
UPON
AN
INFORMATION
FILED
UNDER
3ECTION
a
BUT
MAY
suo motu
TAKE
COGNIZANCE
OF
THE
FACTS
CONSTITUTING
VIOLATION
OF
3ECTION
OR
3ECTION
OF
THE
!CT
AND
DIRECT
AN
INVESTIGATION
4HE
#OMMISSION
MAY
ALSO
TAKE
COGNI-
ZANCE
OF
THE
REPORTS
APPEARING
IN
PRINT
OR
ELECTRONIC
MEDIA
OR
EVEN
ANONYMOUS
COMPLAINTREPRESENTATION
SUGGESTING
VIOLATION
OF
3ECTIONS
AND
OF
THE
!CT
AND
ISSUE
DIRECTION
FOR
INVESTIGATION
UNDER
3ECTION
4HE
#OMMISSION
CAN
TAKE
suo-motu
COGNIZANCE
OF
A
CASE
BASED
EVEN
ON
AN
ANONYMOUS
COMPLAINT
4HE
ONLY
LIMITATION
ON
THE
EXERCISE
OF
THAT
POWER
IS
THAT
THE
#OMMISSION
SHOULD
FEEL
PRIMA
FACIE
SATISFIED
THAT
THERE
EXISTS
A
PRIMA
FACIE
CASE
FOR
ORDERING
INTO
THE
ALLEGATION
OF
VIOLATION
OF
3ECTION
OR
OF
THE
!CT
19.2.3 Reference from Statutory Authority
!S
PER
3ECTION
w
hSTATUTORY
AUTHORITYv
MEANS
ANY
AUTHORITY

197. BOARD

198. CORPO-
RATION

199. COUNCIL

200. INSTITUTE

201. UNIVERSITY
OR
ANY
OTHER
BODY
CORPORATE

202. ESTABLISHED
BY
OR
UNDER
ANY
#ENTRAL

203. 3TATE
OR
0ROVINCIAL
!CT
FOR
THE
PURPOSES
OF
REGULATING
PRODUCTION
OR
SUPPLY
OF
GOODS
OR
PROVISION
OF
ANY
SERVICES
OR
MARKETS
THEREFOR
OR
ANY
MATTER
CONNECTED
THEREWITH
OR
INCIDENTAL
THERETO
4HE
#OMMISSION
HAS
TAKEN
UP
REFERENCES
FROM
%NFORCEMENT
$IRECTORATE

204. #!'

205. #HIEF
%NGINEER
OF
2AILWAY
$IVISION

206. -ATERIAL
-ANAGER

207. 2AILWAY
#OACH
ACTORY

208. ETC
4HE
$'
WILL
NOT
BE
TAKEN
AS
A
@STATUTORY
AUTHORITY
UNDER
3
b
!PART
FROM
THE
STATUTORY
!UTHORITY

209. THE
#ENTRAL
'OVERNMENT
OR
THE
3TATE
'OV-
ERNMENT
MAY
MAKE
A
REFERENCE
TO
THE
#OMMISSION
TO
INQUIRE
INTO
ANY
ALLEGED
CONTRAVENTION
OF
THE
PROVISIONS
CONTAINED
IN
SUB
SECTION
OF
SECTION
OR
SUB
SECTION
OF
SECTION
3EE

210. Surendra Prasad
V
Competition Commission of India ;=
TAXMANNCOM
#!4
!LSO
SEE

211. Harshita Chawla
V
WhatsApp Inc.

212. ;=
TAXMANNCOM
3#,
##)
Hindustan Petroleum Corporation Ltd., In re
;=
TAXMANNCOM
3#,
##)
Manufacturers of Asbestos Cement Products, In re ;=
TAXMANNCOM
3#,
##)
ReSheth Co., Suo Moto
#ASE
.O
OF
#OMP,2
##)
South Eastern Railway
V
Orissa Concrete Allied Industries Ltd.
;=
TAXMANNCOM
3#,
##)
South Eastern Railway
V
Orissa Concrete Allied Industries Ltd.

213. ;=
#,!
##)
3EE
ALSO

214. Dy. Chief Materials Manager V Faiveley Transport India Ltd.
;=
TAXMANNCOM
#!4
.EW
$ELHI
ReDomestic Air Lines

215. 2EFERENCE
#ASE
.O
;=
#,!
##)
#OMP
,2
##)
S. 19 #/-0%4)4)/.
!#4

216. 288

217. 19.3 Determination of AAEC
!S
PER
3ECTION
OF
THE
#OMPETITION
!CT

218. THE
#OMMISSION
WHILE
DE-
TERMINING
WHETHER
AN
AGREEMENT
HAS
!!%#

219. SHALL
HAVE
DUE
REGARD
TO
ALL
OR
ANY
OF
THE
FOLLOWING
FACTORS
a
CREATION
OF
BARRIERS
TO
NEW
ENTRANTS
IN
THE
MARKET
b
DRIVING
EXISTING
COMPETITORS
OUT
OF
THE
MARKET
c
FORECLOSURE
OF
COMPETITION
BY
HINDERING
ENTRY
INTO
THE
MARKET
d
ACCRUAL
OF
BENEFITS
TO
CONSUMERS
e
IMPROVEMENTS
IN
PRODUCTION
OR
DISTRIBUTION
OF
GOODS
OR
PROVISION
OF
SERVICES
OR
f
PROMOTION
OF
TECHNICAL

220. SCIENTIFIC
AND
ECONOMIC
DEVELOPMENT
BY
MEANS
OF
PRODUCTION
OR
DISTRIBUTION
OF
GOODS
OR
PROVISION
OF
SERVICES
!S
DISCUSSED
EARLIER

221. AGREEMENTS
BETWEEN
COMPETITORS
HORIZONTAL
AGREEMENTS
OF
THE
NATURE
MENTIONED
UNDER
3ECTION
OF
THE
!CT
ARE
PRESUMED
TO
CAUSE
!!%#
)N
SUCH
CASES

222. THE
BURDEN
OF
PROOF
TO
PROVE
!!%#
IS
NOT
ON
THE
#OMMIS-
SION

223. RATHER
IT
SHIFTS
TO
THE
OPPOSITE
PARTIES
TO
PROVE
THAT
THE
AGREEMENT
DOES
NOT
CAUSE
!!%#
BY
PROVIDING
ADEQUATE
EVIDENCE
)N
CASE
SUCH
AN
EVIDENCE
IS
LED

224. WHICH
DISPELS
THE
PRESUMPTION

225. THEN
THE
##)
SHALL
TAKE
INTO
CONSIDERATION
THE
FACTORS
MENTIONED
IN
3ECTION
OF
THE
!CT
AND
TO
SEE
AS
TO
WHETHER
ALL
OR
ANY
OF
THESE
FACTORS
ARE
ESTABLISHED
)F
THE
EVIDENCE
COLLECTED
BY
THE
##)
LEADS
TO
ONE
OR
MORE
OR
ALL
FACTORS
MENTIONED
IN
3ECTION

226. IT
WOULD
AGAIN
BE
TREATED
AS
AN
AGREEMENT
WHICH
MAY
CAUSE
OR
IS
LIKELY
TO
CAUSE
AN
APPRECIABLE
ADVERSE
EFFECT
OF
COMPETITION

227. THEREBY
COMPELLING
THE
##)
TO
TAKE
FURTHER
REMEDIAL
ACTION
IN
THIS
BEHALF
AS
PROVIDED
UNDER
THE
!CT
4HE
ONLY
EXCEPTION
TO
THIS
PRESUMPTION
OF
!!%#
VIS
Ì
VIS
HORIZONTAL
AGREEMENTS
IS
THE
AGREEMENT
ENTERED
INTO
BY
WAY
OF
JOINT
VENTURES
IF
SUCH
AGREEMENT
INCREASES
EFFICIENCY
IN
PRODUCTION

228. SUPPLY

229. DISTRIBUTION

230. STORAGE

231. ACQUISITION
OR
CONTROL
OF
GOODS
OR
PROVISION
OF
SERVICES
6ERTICAL
AGREEMENTS
OF
THE
NATURE
MENTIONED
UNDER
3ECTION
OF
THE
!CT

232. ON
THE
OTHER
HAND
ARE
NOT
PRESUMED
TO
HAVE
!!%#
AND
THE
BURDEN
TO
PROVE
SUCH
EFFECT
WILL
BE
ON
THE
#OMMISSION
4HE
#OMMISSION
WHILE
DETERMINING
!!%#
CAN
TAKE
ANY
OR
ALL
OF
THE
FACTORS
LAID
DOWN
UNDER
3ECTION
OF
THE
!CT
#LAUSES
a
TO
c
OF
SECTION
DEALS
WITH
FACTORS
WHICH
RESTRICT
THE
COMPET-
ITIVE
PROCESS
IN
THE
MARKETS
WHERE
THE
AGREEMENTS
OPERATE
NEGATIVE
FACTORS
WHILE
CLAUSES
d
TO
f
DEALS
WITH
FACTORS
WHICH
ENHANCE
THE
EFFICIENCY
OF
THE
DISTRIBUTION
PROCESS
AND
CONTRIBUTE
TO
CONSUMER
WELFARE
POSITIVE
FACTORS
!N
AGREEMENT
WHICH
CREATES
BARRIERS
TO
ENTRY
MAY
ALSO
INDUCE
IMPROVEMENTS
IN
PROMOTION
OR
DISTRIBUTION
OF
GOODS
OR
VICE
VERSA
4HUS

233. WHETHER
AN
AGREEMENT
Rajasthan Cylinders and Containers Limited
V
Union of India
3#!,%
289 #(
)6
$54)%3

234. 0/7%23
5.#4)/.3
/
#/--)33)/. S. 19

235. ORDER NOW
Description:
Taxmann's Indian Competition Law is a section-wise commentary on Competition Law. What
sets this book apart is the unique combination of the study of both substantive and procedural
elements of Competition Law in India.
The objective of this book is three-fold:
Focusing on Indian Competition Law, elucidating the Indian jurisprudence and then
comparing it with positions taken by European Union (EU) and the United States
This book does not get restricted to the major provisions/broader issues of competition law
but also highlights economic, technical and administrative concepts/issues that are relevant
in the practical application and interpretation of competition law
This book does not become a technical treatise but a document that a wider audience can
read and understand, including lawyers, judges, academicians, lawmakers, market regulators,
entrepreneurs.
Rs. 1695
INDIAN
COMPETITION LAW
Author : GAUTAM SHAHI, SUDHANSHU KUMAR
Publisher: TAXMANN
Edition : 1st Edition
ISBN No.: 9789390831784
Date of Publication: July 2021