The document provides an overview of antitrust laws, beginning with their historical context in the 1800s when monopolistic 'trusts' dominated sectors like railroads and steel. Key legislation like the Sherman Act, Clayton Act, and the Competition Act in India aimed to promote fair competition and prevent anti-competitive practices, with regulatory bodies such as the FTC and CCI established to enforce these laws. It details specific provisions against anti-competitive agreements, abuse of dominance, and regulation of mergers in both the U.S. and Indian contexts.

1. Anti trust Laws
A Snap Shot
Prepared by: Hari Krishan
(CS- Final)
Hari Krishan - Antitrust Laws 1

2. Hari Krishan - Antitrust Laws
Introduction
• Way back in the 1800s, there were several
giant businesses known as "trusts."
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3. Hari Krishan - Antitrust Laws
• They controlled whole sections of the economy, like
railroads, oil, steel, and sugar.
These trusts were monopolies, meaning they
combined all the competition into one massive
company that could dictate their price!
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4. Hari Krishan - Antitrust Laws
•President Theodore Roosevelt "busted,"
or broke up, many trusts By enforcing
"antitrust" laws.
•The goal of this law,
and the ones that
came later, was to
protect consumers by promoting
competition in the marketplace.
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5. Hari Krishan - Antitrust Laws
The Sherman Act
• Passed in 1890
• Anti Competitive
Agreements made
Prohibited by this.
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6. Hari Krishan - Antitrust Laws
Antitrust Milestone
• “Trusts” got busted
• Cartels controlling prices and
production got reduced
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7. Hari Krishan - Antitrust Laws
The loophole
• Instead forming “Trusts” they
started getting combined
through
“Merger
& Acquisitions”
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8. Hari Krishan - Antitrust Laws
The Clayton Act
&
The FTC Act
• Both passed in 1914
• Special agency “FTC” formed to
monitor fair practice in market
• Unfair trade practice in any form
prohibited
• FTC is still in force in America
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9. Hari Krishan - Antitrust Laws
Competition
Commission
of India “CCI”
Competition Act, 2002
(amended by the
Competition Amendment Act, 2007)
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10. Hari Krishan - Antitrust Laws
Judiciary
Executive
Legislature
Competition Act,
2002
Competition
Commission of India
(“CCI”)
Competition
Appellate Tribunal
(“COMPAT”) 10

11. 66 •Sixty Six Sections
12 •Twelve Rules
12 •Twelve Regulations
12 •Twelve Notifications
Overview of the act
(As on May 09, 2012)
Hari Krishan - Antitrust Laws 11

12. CCI
2002
Anti-
competitive
agreements
(Sec. 3)
Abuse of
dominant
position
(Sec. 4)
Regulation
of
Combination
(Sec. 5 & 6)
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13. Hari Krishan - Antitrust Laws
CCI 2002
Enforcement
Sec. 3
Sec. 4
Sec 5 & 6
Advocacy Sec. 49
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14. Hari Krishan - Antitrust Laws
Any
agreement
with
respect
to
with
respect to
production,
supply,
distribution etc..
which is
anti-
competitive
And have
“Aappreciable
adverse effect
on competition”
Is Prohibited
& Void
Anti-competitive agreements
(Sec. 3)
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15. Hari Krishan - Antitrust Laws
Abuse of dominance (Sec. 4)
Not dominance but its abuse is prohibited.
Abuse occurs when an enterprise uses its
dominant position in the relevant market
in an exclusionary and/or
exploitative manner.
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16. Hari Krishan - Antitrust Laws
Regulation of Combinations
(Sec. 5)
2 Conditions for regulation of Combination
 If definition of combination is applicable;
&
 If monetary threshold is crossed
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17. Hari Krishan - Antitrust Laws
•Any acquisition of control, shares, voting rights or
assets of any enterprise; or
•Any acquisition of control by a person over an
enterprise, where such person already has
direct/indirect control over another enterprise in a
similar business; or
•Any merger or amalgamation of enterprises
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18. Hari Krishan - Antitrust Laws
Monitory limits
Acquiring ‘group’ and target jointly have
In India In India or outside
Assets over INR 1,500 crore Assets over USD 750 million (of which at least
INR 750 crore in India)
OR
Turnover above INR 4,500 crore
Turnover above USD 2,250 million (of which at
least INR 2,250 crore In India)
Parties to the combination jointly have
In India In India or outside
Assets over INR 6,000
Assets USD 3 billion (of which at least INR 750
crore In India)
OR
Turnover above INR 18,000 crore Turnover above USD 9 billion (of which at least
INR 2,250 crore in India)
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19. Hari Krishan - Antitrust Laws
Sources:
•www.cci.gov.in
•www.icsi.edu
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