National Webinar at the Centre for Corporate and Competition Law at Symbiosis Law School, Hyderabad on the topic ”Abuse of Dominance in Competition Law” on 27th August, 2021 by Shri Dhanendra Kumar, 1st Chairperson, Competition Commission of India (CCI).
A PRESENTATION ON COMPETITION ACT, 2002 WITH RECENT AMENDEMENTS. PRESENTED BY MADHUSUDAN NARAYA, STUDENT OF MBA AT NATIONAL INSTITUTE OF TECHNOLOGY, DUGAPUR, WEST BENGAL.
THIS TOPIC IS NECESSARY FOR MARKETING PEOPLE AND THE SLIDE CONTAINS THE CASES ALSO !!
Ppt on Competition Act, 2002 presented on 17th May 2015 at Chinmay Tutorials by CS Professional Students Abhishek Agarwal, Aditya Rana, Sakshi Gupta, Shreya Chaturvedi, Shipra Pareek
Dominant Position :Competition Law(Competition Act,2002)Bibhu Manik
The Article deals with Definition,Abuse of Dominant Position,Dominant Factors in Relevant Market and its analysis with Recent Cases regarding Competition Act,2002
National Webinar at the Centre for Corporate and Competition Law at Symbiosis Law School, Hyderabad on the topic ”Abuse of Dominance in Competition Law” on 27th August, 2021 by Shri Dhanendra Kumar, 1st Chairperson, Competition Commission of India (CCI).
A PRESENTATION ON COMPETITION ACT, 2002 WITH RECENT AMENDEMENTS. PRESENTED BY MADHUSUDAN NARAYA, STUDENT OF MBA AT NATIONAL INSTITUTE OF TECHNOLOGY, DUGAPUR, WEST BENGAL.
THIS TOPIC IS NECESSARY FOR MARKETING PEOPLE AND THE SLIDE CONTAINS THE CASES ALSO !!
Ppt on Competition Act, 2002 presented on 17th May 2015 at Chinmay Tutorials by CS Professional Students Abhishek Agarwal, Aditya Rana, Sakshi Gupta, Shreya Chaturvedi, Shipra Pareek
Dominant Position :Competition Law(Competition Act,2002)Bibhu Manik
The Article deals with Definition,Abuse of Dominant Position,Dominant Factors in Relevant Market and its analysis with Recent Cases regarding Competition Act,2002
Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done A...Kegler Brown Hill + Ritter
Eric Travers presented "Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done About It?" at the LMCI/FIF Convention in Las Vegas, NV in December 2015.
The presentation discussed understanding bid shopping and peddling, legal and ethical problems and practical options.
An overview of the law of tendering and procurement and the preparation of tender documents (requests for tenders, bids, requests for proposals) along with a discussion about bid-shopping and bid-rigging.
Bangladesh has a long way to fight corruption. Fight against bribery may start with reduction of discretionary power and reduction of size of bureaucracy. A overhauling of administrative, legal system and social transformation is essential to eliminate the mother of corruption - the bribery.
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Why is Antitrust activity so harmful to consumers and the economy W.pdffeelingspaldi
Why is Antitrust activity so harmful to consumers and the economy? What, if anything, can
consumers, competitors, or or the government due to prevent or detect this activity?
Solution
Answer:-
Before Understanding the Antitrust Activity let us understand what is \"Antitrust law\" this will
give you true picture of antitrust activites and how they are harmful to consumers.
Antitrust laws, also referred to as \"competition laws,\" are statutes developed by the U.S.
Government to protect consumers from predatory business practices by ensuring that fair
competition exists in an open-market.economy.
Some of Antitrust Activites are :- Causing un fair competition in economy using following
activites
1.Market Allocation
2.Bid Rigging
3.Price Fixing
4.Monopolies
5.Mergers and Acquisitions.
In short, They prohibit a variety of practices that restrain trade. Examples of illegal practices are
price-fixing conspiracies, corporate mergers likely to reduce the competitive vigor of particular
markets, and predatory acts designed to achieve or maintain monopoly power.
All such activities will eliminated healthy competition out of the market and will give rise to
unsatisfactory prices, price discriminations , excess increase in prices over a period of time,
creation of monopoly.
this will affect the consumer badly and create a disturbed trade environment in the country.
2.How to prevent or detect these activites ?
Answer:-
FEMA and state and local government agencies with whom FEMA is coordinating begin to
solicit competitive bids for rebuilding contracts, the Antitrust Division is prepared to provide
assistance to these agencies to protect against bid rigging, price fixing and other collusive
conduct among companies competing for rebuilding contracts.
Price fixing, bid rigging, and other collusive agreements can be established either by direct
evidence, such as the testimony of a participant, or by circumstantial evidence, such as
suspicious bid patterns, travel and expense reports, telephone records, and business diary entries.
If a Consumer . Competitior or Government have these kind of evidence in possession with them
, they can deliver these to FEMA and state and local government agencies to prevent such
antitrust activites .
Now Let us understand how to detect them:-
1. Market Allocation :-
In this scheme, co-conspirators agree to divide up customers or geographic areas. The result is
that the coconspirators will not bid or will submit only complementary bids when a solicitation
for bids is made by a customer or in an area not assigned to them. This scheme is most
commonly found in the service sector and may involve quoted prices for services as opposed to
bids.
2. Bid Rigging:-
In this type of scheme, one or more competitors agree not to bid, or withdraw a previously
submitted bid, so that a designated bidder will win. In return, the non-bidder may receive a
subcontract or payoff.
3. Price Fixing:-
Price Fixing impacts procurement when business is condu.
Bortoletti, corruption, some interesting topics, commissione europea, ipa zag...Maurizio Bortoletti
It does not seem strange, well, that's about to keep talking for a long time, sometimes with great emphasis to emphasize the decisive importance for the future of the country, but has failed to any concrete results: quite simply, it's about warning because the recruitment and promotion of the most capable introduce an intolerable element of unpredictability in the system and it is an attack on the right of co-optation. Well, that system - recalling Paolo Mancini in "In Praise of the subdivision" - which is like a twin sister, but much more palatable, the proverbial "sora camilla" nobody wants, but if everyone seize, still in the dark and silence, with the exception that denounce the subdivision of others, looking good from admitting that if they purloin some even their place of power but would not have been parcelling exercise of pluralism.
2. Bid rigging is a form of fraud in which a commercial contract is
promised to one party even though for the sake of appearance several
other parties also present a bid. This form of collusion is illegal in
most countries. Bid rigging is anti-competitive because by colluding,
these bidders keep the bid amount at the
pre-determined level.
6. Receive identical bids or close amount of number from different companies
There is some indication of a physical alteration of bids,
particularly at the last minute
The range of bids shows a clear gap between the winner
and all others
All companies submit high bids when the cost for work are less on paper
Qualified bidders do not bid especially if they initially took steps to bid
If a contract is re-bid because all initial bids are unacceptable, the bidders
come back in the same order or some bidders fail to re-bid
7. •Develop prior information about the market
•Encourage participation in the procurement process
•Avoid predictability in tender process
•Reduce opportunities for communication among
bidders
•Provide clear evaluating and award criteria
8.
9.
10. THE COMPETITION ACT,
2002
IF SECTION
3(3)(d) VIOLATED
SECTION
27(b)
₹ PENALTY UPTO 10% OF
AVERAGE TURNOVER
OF 3 PRECEDING
FINANCIAL YEARS
11. Section 190 of Enterprise Act 2002:
1)A person guilty of an offence of Bid Rigging is
liable—
(a)on conviction on indictment, to imprisonment for a
term not exceeding five years or to a fine, or to both;
(b)on summary conviction, to imprisonment for a
term not exceeding six months or to a fine not
exceeding the statutory maximum, or to both.
12. Fine up to
$10,000,000 for
corporations.
Fine up to $350,000
and/or 3 years in
prison for individuals.
Responsible for
restitution to victims.
Possible civil suits for up
to 3x the amount of
damages suffered.
13. According to Indonesia’s competition law,
• The Commission can impose civil fines up to Rupiah 25
billion (US$2.7mn) for violations of the law or criminal
fines.
• up toRupiah 100 billion (US$2.3bn) and a prison term
of up to six months, as sanctions for bid rigging.
14. Participants in illegal bid
rigging are sentenced to
a maximum two-year
prison term or fined a
maximum Y2.5 million.
ANTI-MONOPOLY LAW
15. • No limit on fines
• Jail term up to 14 years for individuals(S.
47(2))
• Victims have a statutory right to sue
perpetrators to recover damages caused by
bid-rigging (s. 36)
• Criminal record may be registered with
the Canadian Police Information Centre
(CPIC)
16. Maximum 10 % of
WORLDWIDE TURNOVER
ENTERPRISE (any
entity)
PENALTIES
SECTION 4 AND 10 OFFENDERS
ENTERPRISEISE
17. Non-compliance has serious consequences:
• Fines up to 10% of annual worldwide turnover
• Liability in damages under national law
• Voiding of contract
• Criminal liability
• Substantial expenditure of time and money
• Bad publicity
• Investigations by other competition
authorities
18. INDIA
•MONETRY FINE
•NO
IMORISONMENT
U.S.
•MONETRY FINE
•IMPRISONMENT
U.K.
•MONETRY FINE
•IMPRISONMENT,
OR BOTH
INDONESIA
•MONETRY FINE
•IMPRISONMENT
JAPAN
•MONETRY FINE
•IMPRISONMENT
CANADA
•MONETRY FINE( NO
LIMIT)
•IMPRISONMENT
•RECOVERY TO VICTIM
•CRIMINAL RECORD
MALASIA
•MONETRY FINE
• NO
IMPRISONMENT
EU
•MONETRY FINE
•CRIMINAL
LIABILITY
BID RIGGING
PENALTIES
COMPARISON
FINE
