Competition is the best means of ensuring that the ‘Common Man’ or ‘Aam Aadmi’ has access to the broadest range of goods and services at the most competitive prices. With increased competition, producers will have maximum incentive to innovate and specialize. This would result in reduced costs and wider choice to consumers. A fair competition in market is essential to achieve this objective. Our goal is to create and sustain fair competition in the economy that will provide a ‘level playing field’ to the producers and make the markets work for the welfare of the consumers
Contributi dei parlamentari del PD - Contributi L. 3/2019
Competition Commission of India
1. A PRESENTATION BY
HARLEEN KAUR 309
VANI KHATTAR 310
COMPETITION COMMISSION OF
INDIA
UNDER COMPETITIONS ACT, 2002
2. The Competition Act, 2002, as amended by the
Competition (Amendment) Act, 2007, follows the
philosophy of modern competition laws. The Act prohibits
anti-competitive agreements, abuse of dominant position
by enterprises and regulates combinations (acquisition,
acquiring of control and M&A), which causes or likely to
cause an appreciable adverse effect on competition within
India.
3. Free and fair competition is one of the
pillars of an efficient market economy
4. (C) K L GUPTA
For Market to be just……..
……..Competition is must
5. Competition Commission of India is a body of the Government
of India responsible for enforcing The Competition Act, 2002
throughout India and to prevent activities that have an adverse
effect on competition in India. It was established on 14 October
2003. It became fully functional in May 2009 with Dhanendra
Kumar as its first Chairman
6. To achieve its objectives, the Competition Commission of India
endeavours to do the following:
Make the markets work for the benefit and welfare of
consumers.
Ensure fair and healthy competition in economic activities in the
country for faster and inclusive growth and development of
economy.
Implement competition policies with an aim to effectuate the
most efficient utilization of economic resources.
Effectively carry out competition advocacy and spread the
information on benefits of competition among all stakeholders
to establish and nurture competition culture in Indian economy.
7. o To eliminate practices having adverse effect on competition.
o To promote and sustain competition.
o To protect the interests of consumers and ensure freedom of trade in the
markets of India.
o To encourage creation of entities which can deliver faster and better
goods and services.
o The Commission is also required to give opinion on competition issues on
a reference received from a statutory authority established under any
law.
o To undertake competition advocacy, create public awareness and impart
training on competition issues.
8. The commission shall have the powers to regulate its own procedure.
The Commission may call upon experts, from the field of economics,
commerce, accountancy, international trade or from any other discipline as it
deems necessary to assist the body in the conduct of any inquiry it
undertakes.
Direction to discontinue and not enter again into any such agreement/abuse
of dominance
Impose penalty
Award compensation to the aggrieved person
Recommend the Central Government the “division of enterprise enjoying
dominant position”
Direct modification of agreement
9. The Commission comprises a Chairperson and not less than
two and more than six members appointed by the central
government.
Ashok Chawla is the current Chairperson of the CCI.
The members of the Competition Commission of India are:
M.L. Tayal
S.L. Bunker
Sudhir Mital
Augustine Peter
U. C. Nahta
10.
11. • In June 2012, CCI imposed a fine of
₹63.07 billion (US$950 million) 11
cement companies for cartelization. CCI
claimed that cement companies met
regularly to fix prices, control market
share and hold back supply which earned
them illegal profits.
• CCI found Cement Manufactures in
violation of the provisions of the
Competition Act, 2002 which deals with
anticompetitive agreements including
Cartels.
• The order was passed pursuant to
investigation carried out by the DG upon
information filed by the Builder
Association of India.
Busted ‘Cartelizing’ Cement Firms:-
13. DLF fined for abuse of dominance :-
In January 2013, CCI modified clauses in agreements between
real estate company DLF Limited and apartment buyers.
Business and finance Portal Moneycontrol.com welcomed the
order saying that, "This is a landmark ruling and will benefit
property owners across the country".
14. Commission takes suo-
moto cognizance of bid-
rigging by manufactures
of LPG cylinders :-
Commission imposed fine of
₹ 165.59 Crores and it further
directed all the contravening
parties to cease and desist from
indulging in anti-competitive
conduct which resulted in bid
rigging.
15. CCI fines 10 explosives manufacturers on
a complaint filed by Coal India;
Amarchand represents Coal India :-
The penalty has been imposed for violations of
Section 3 of the Competition Act, 2002 (the Act).
The complaint was filed by Coal India Limited
(CIL) under Section 3 and 4 of the Act alleging
that various explosives manufacturers were
engaging in anti-competitive conduct by
collectively determining prices, threatening to
stop supplies and boycotting the reverse auctions
organized by CIL in 2010 to finalize its suppliers
for explosives.
16. Competition Commission of India
imposes fine on film chamber
(The Hindu, April 20, 2012):-
Competition Commission of India imposing a fine
of ₹ 16.82 lakh on the Karnataka Film Chamber of
Commerce (KFCC) for restricting the number of
prints of language films other than Kannada.
KFCC, which follows a set of norms, restricted the
number of prints of the Hritik Roshan-starrer
Kites and an Abhishek Bachchan film Raavan to
24 in the State in 2010. When the distributor did
not heed its ruling, KFCC issued a warning and
disrupted the screening of Kites.
17. Besides the makers of Kites and Raavan,
producers of RaOne, My Name is Khan, Mousam
and a few others have knocked on the doors of
Competition Commission of India seeking justice.
Noting that the decision of the KFCC was anti-
competitive,
Competition Commission of India “found it
appropriate to impose penalty at the rate of 10%
of the average three years income of the KFCC”.
18. Competition Commission of India probes
auto companies’ ‘monopolistic’ practices
(Times of India, August 8 , 2012):-
The Competition Commission of India (CCI)
has launched investigations into the
current trend of automobile companies not
allowing their dealers to diversify with
other brands.
19. Devgn vs Chopras: Ajay Devgn files
complaint against Yash Raj Films :-
Ajay filing a complaint with the Competition
Commission of India (CCI) alleging that the
makers of Jab Tak Hai Jaan have been blocking
the release of his film in certain theatres.
v/s
20. CCI slaps ₹ 52.24 Crore fine on BCCI:-
On 8 February 2013, CCI imposed a penalty of ₹522 million (US$7.9
million) on the Board of Control for Cricket in India (BCCI) for
misusing its dominant position. The CCI found that IPL team
ownership agreements were unfair and discriminatory, and that the
terms of the IPL franchise agreements were loaded in favour of BCCI
and franchises had no say in the terms of the contract. The CCI ordered
BCCI to "cease and desist" from any practice in future denying market
access to potential competitors and not use its regulatory powers in
deciding matters relating to its commercial activities.
21. CCI imposes a fine of ₹ 1 Crore upon Google for failure to supply information/
documents in the investigations.
The Competition Commission of India(CCI)has imposed a fine of ₹ 1 Crore upon
Google for failure to comply with the directions given by the Director
General(DG)seeking information and documents.
The order was passed on a reference made by the DG to CCI alleging inter alia non-
cooperation by Google in the pending investigations.
The DG was investigating the information filed by M/s Matrimony com private limited
and Consumer Unity & Trust Society (CUTS) against Google for alleged abuse of
market power in the relevant markets of online search and search advertising.
CCI also directed Google to cooperate with the investigations by furnishing such other
information/ documents which may be required by the DG during the course of
further investigations.
22. NET NEUTRALITY : The Concept
• Net neutrality (also network neutrality, Internet neutrality,
or net equality) is the principle that Internet service
providers and governments should treat all data on
the Internet the same, not discriminating or charging
differentially by user, content, site, platform, application, type
of attached equipment, or mode of communication.
• Research suggests that a combination of policy instruments
will help realize the range of valued political and economic
objectives central to the network neutrality debate. Combined
with strong public opinion, this has lead to some governments
to regulate broadband internet services as a public utility,
similar to electricity, gas and water supply.
23.
24. Net Neutrality and CCI
• The Competition Commission of India (CCI), has mentioned that it
will look into the allegations leveled by the customers for possible
abuse of power and position in providing unhindered access to the
internet for its users.
• Major telecom companies are looking to offer free internet to some
services, in a bid to increase adoption of those apps. The CCI
apparently wants to see whether this move by the telecom
companies is actually affecting competition or are within their rights
to do so.
• Net neutrality is a massive concern for us given that it comes in the
way of freedom and liberty to use the internet as you please. We've
seen a myriad of companies leave Facebook's internet.org coalition
to support freedom of internet.
• Bharti Airtel's "Airtel Zero" in particular has received significant flak
from the common public as it offered some services for free to the
users, which essentially goes against the core principles of net
neutrality.
Vani
The objectives of the Act are sought to be achieved through the Competition Commission of India (CCI), which has been established by the Central Government with effect from 14th October 2003. CCI consists of a Chairperson and 6 Members appointed by the Central Government.
It is the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of India.
The Commission is also required to give opinion on competition issues on a reference received from a statutory authority established under any law and to undertake competition advocacy, create public awareness and impart training on competition issues.