The document discusses key aspects of the Competition Act 2002 in India. It outlines provisions related to anti-competitive agreements (Section 3), abuse of dominant position (Section 4), and combinations (Section 5 and 6). It defines concepts like cartels, bid rigging, tie-in agreements, exclusive supply/distribution agreements, and refusal to deal. It provides examples of abuses of dominant position like predatory pricing. The purpose of the Act is to prevent anti-competitive practices and promote fair competition for benefit of consumers.
As a part of the advocacy efforts of the Competition Commission of India(CCI),a presentation to explain the provisions of the Competition Act, 2002, in so far as they relate to the abuse of dominant position in a conference in collaboration with Kerala High Court in Kochi.
Competition Act 2002, Monopolies and Restrictive Trade Practices Act, 1969, Anti Competitive Agreement, Abuse of Dominant Position, Combination, Competition Commission of India
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 !!
completion law 2002 FOR CA,CMA,CS ,MBA,BBA,BCOM,MCOM,,PROFESSIONAL
All businesses have a duty to act lawfully, but there are more practical reasons why compliance with competition law is particularly important.
On a broad level, the main aim of competition law is to ensure that markets remain competitive
• The Competition Act, 2002 was passed to encourage competition in markets in India.
• The Competition Act broadly covers anti-competitive agreements, abuse of dominance and regulation of combinations.
• During combinations, i.e mergers or takeovers, the businesses of the transferor and transferee are to be studies from the point of view of anti-trust aspects(i.e Comeptition aspects). This process is competition law due diligence.
• Competition law due diligence involves examination of various agreements, check into the companies dominace and its’ abuse if any
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).
As a part of the advocacy efforts of the Competition Commission of India(CCI),a presentation to explain the provisions of the Competition Act, 2002, in so far as they relate to the abuse of dominant position in a conference in collaboration with Kerala High Court in Kochi.
Competition Act 2002, Monopolies and Restrictive Trade Practices Act, 1969, Anti Competitive Agreement, Abuse of Dominant Position, Combination, Competition Commission of India
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 !!
completion law 2002 FOR CA,CMA,CS ,MBA,BBA,BCOM,MCOM,,PROFESSIONAL
All businesses have a duty to act lawfully, but there are more practical reasons why compliance with competition law is particularly important.
On a broad level, the main aim of competition law is to ensure that markets remain competitive
• The Competition Act, 2002 was passed to encourage competition in markets in India.
• The Competition Act broadly covers anti-competitive agreements, abuse of dominance and regulation of combinations.
• During combinations, i.e mergers or takeovers, the businesses of the transferor and transferee are to be studies from the point of view of anti-trust aspects(i.e Comeptition aspects). This process is competition law due diligence.
• Competition law due diligence involves examination of various agreements, check into the companies dominace and its’ abuse if any
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).
PPT in Company competition in India.
6th semester B.com program,
Shaheed Bhagat singh College (University of Delhi)
It is totally in Indian ACT" company's.
Presentation on salient features and provisions of the Competition Act in India as a part of coursework
Course - MMS/MBA
Semester - 2
Subject - Business Laws
Biological screening of herbal drugs: Introduction and Need for
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Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
2. Previous Year Questions
+ The remedies for the violation of Sections 3 and 4 of the
Competition Act have been laid down under
(1) Section 26
(2) Section 27
(3) Section 42A
(4) Section 43A
3. + Choose the correct section of the Competition Act. 2002 Which
provides that 'No enterprise shall abuse its dominant position' :
(1) Section 4
(2) Section 9
(3) Section 8
(4) Section 6
4. + Any agreement in respect of production, supply, distribution, storage,
acquisition, or control of goods or provision of service which causes
or is likely to cause an appreciable adverse effect on competition in
India is void. These agreements include
(a) Tie in arrangement
(b) Exclusive supply agreement
(c) Exclusive distribution agreement
(d) Refusal to deal
(e) Resale price maintenance
Choose the correct answer from the options given below
(1) (a) and (b) only
(2) (c), (d), (e) only
(3) (a), (b), (c) only
(4) (a), (b), (c), (d), (e) - All
5. Purpose of this Act
+ To prevent practices having adverse effect on competition.
- Commission establishment
+ To promote and sustain competition in markets
+ To protect the interests of consumers
+ To ensure freedom of trade carried on by other
participants in markets
6. Background
+ was enacted by the Parliament of India and replaced The
MRTP Act, 1969.
+ Enacted on 14th Jan, 2003
+ amended twice - Competition (Amendment) Act, 2007 and
The Competition (Amendment) Act, 2009
+ CCI - to protect the investors interests, prevent abuse of
dominant position
7. + Committee appointed – “Competition Policy and Law”
under the chairmanship of Sri SVS Raghavan
8. Meaning of Competition
+ as a process of economic rivalry between market players to
attract customers
+ A buyer prefers to buy a product at a price that maximizes his
benefits whereas the seller prefers to sell the product at a price
that maximizes his profit.
+ in the interest of consumers, and the economy, it is necessary
to promote an environment that facilitates fair competitive
outcomes in the market, curb anti-competitive behaviour
9. + The basic purpose of Competition Policy and law is to preserve
and promote competition as a means of ensuring efficient
allocation of resources in an economy.
+ Competition policy typically has two elements:
1. one is a set of policies that enhance competition in local and national markets.
2. second element is legislation designed to prevent anti-competitive business
practices with minimal Government intervention, i.e., a competition law.
10. Why MRTP Act failed?
+ The Monopoly and Restrictive Trade Practice Act 1969 became
obsolete in the present world of throat cutting competition. The
MRTP Act prevent the expansion of the companies whose
assets was 100 crore, because these companies need to take
government permission to expand their business.
+ Monopoly oriented, competition
11. COMPETITION ACT, 2002
+ 9 chapters – 66 sections
+ Sec 2: Definition
+ Focus: Chapter 2
+ Acquisition [Sec 2(a)]:
(i) directly or indirectly acquires - shares, voting rights or assets of any
enterprise;
(ii) control over management or control over assets of any
enterprise.
12. + “Cartel” [Sec. 2(c)]: includes an association of producers,
sellers or distributors….., by agreement amongst
themselves, limit control or attempt to control the
production, distribution, sale or price of or, trade in goods
or provision of services.
+ to raise price above competitive levels – injures consumers
and economy
13.
14. Anti Competitive Agreements
(Section 3)
+ (1): no enterprise or association………. shall enter into any
agreement in respect of production, supply, distribution,
storage, acquisition or control of goods or provision of services,
which causes or is likely to cause an appreciable adverse effect
on competition.
+ (2): VOID: Under the law, the whole agreement is construed as
‘void’ if it contains anti-competitive clauses having appreciable
adverse effect on competition.
15. Sub Sec(3): what agreements are
cauing an appreciable adverse
effect
(a) directly or indirectly determines purchase or sale prices;
(b) limits or controls production, supply, markets, technical
development, investment or provision of services;
(c) shares the market or source of production or provision of services
by way of allocation of geographical area of market, or type of goods
or services, or number of customers in the market or any other
similar way; and
(d) directly or indirectly results in bid rigging or collusive bidding;
16. explanation to the Section 3
+ defines the term ‘bid rigging’
+ Bid rigging takes place when bidders collude and keep the
bid amount at a pre-determined level. Such
predetermination is by way of intentional manipulation by
the members of the bidding group. Bidders could be actual
or potential ones, but they collude and act in concert.
17. Why Bid rigging is anti-competitive?
+ agreements to submit identical bids
+ agreements as to who shall submit the lowest bid, agreements for the
submission of cover bids (voluntarily inflated bids)
+ agreements not to bid against each other,
+ agreements on common norms to calculate prices or terms of bids
+ agreements to squeeze out outside bidders
+ agreements designating bid winners in advance on a rotational basis,
or on a geographical or customer allocation basis
18. Sub sec (4): agreement causes or is likely to cause an
appreciable adverse effect on competition in India
Tie-in agreement
Resale price maintenance
Refusal to deal
Exclusive Supply
Agreement
Exclusive Distribution
Agreement
19. a. “tie-in agreement”
+ any agreement requiring a purchaser of goods, as a
condition of such purchase, to purchase some other
goods.
+ Inducing consumer to buy a complimentary product with
the main product.
+ Like gas stove with gas cylinder
20. b. “Exclusive supply agreement”
+ any agreement restricting in any manner from acquiring or
otherwise dealing in any goods other than those of the
seller or any other person.
+ Like manufacturer asks dealer to exclusively buy goods
from particular suppliers
21. c. “Exclusive distribution
agreement”
+ any agreement to limit, restrict or withhold the output or
supply of any goods or allocate any area or market for the
disposal or sale of the goods.
+ Such as - Requiring a distributor not to sell the goods of
the manufacturer beyond the prescribed territory
22. d. “Refusal to deal”
+ any agreement, which restricts, or is likely to restrict, by
any method the persons or classes of persons to whom
goods are sold or from whom goods are bought.
+ For eg. an agreement which provides that the franchisees
will not deal in products or goods of similar nature for a
period of three years
23. e. “Resale price maintenance”
+ any agreement to sell goods on condition that the prices to
be charged on resale by the purchaser shall be the prices
stipulated by the seller unless it is clearly stated that prices
lower than those prices may be charged.
+ Any stipulation that the cement dealer should not sell
below the stipulated price is a ‘resale price maintenance’
practice and is an anti competitive practice.
24. Section 3(3) : Horizontal Agreements Section 3(4): Vertical Agreements
presumed to have appreciable adverse
affect on competition - deemed restrictive
agreements
shall be judged by rule of reason and the
onus lies on the prosecutor to prove its
appreciable adverse effect on competition
definition of all restrictive concepts covered
under Section 3(4) is inclusive one
25. Exception to Section 3
(a) the Copyright Act, 1957;
(b) the Patents Act, 1970;
(c) the Trade and Merchandise Marks Act, 1958 or the Trade Marks
Act, 1999;
(d) the Geographical Indications of Goods (Registration and Protection)
Act, 1999;
(e) the Designs Act, 2000;
(f) the Semi-conductor Integrated Circuits Layout-Design Act, 2000.
26. Sec 4: Abuse of dominant position
+ No enterprise or group shall abuse its dominant position =
operate independently of competitive forces prevailing in
the relevant market
27. WHAT IS DOMINANCE?
+ Dominance = is a position - which enables an enterprise a.
to operate independently of competitive forces
b. to affect its competitors or consumers or the market in
its favour.
DOMINANCE IN ITSELF IS NOT BAD, BUT ITS ABUSE IS….
28. WHAT CONSTITUTES ABUSE OF
DOMINANCE?
+ impedes fair competition between firms
+ exploits consumers
+ makes it difficult for the other players to compete with the
dominant undertaking on merit
29. Examples of abuses:
+ imposing unfair conditions or price,
+ predatory pricing,
+ limiting production/market or technical development ,
+ creating barriers to entry,
+ applying dissimilar conditions to similar transactions,
+ denying market access, and
+ using dominant position in one market to gain advantages in another
market
30. “predatory price”
+ selling goods or provision of service at a price which is
below its cost of production and
+ that practice is resorted to eliminate the competitors or to
reduce competition.
31. Combinations [Sec. 5]
+ Combination has broad coverage and includes acquisition
of control, shares, voting rights, assets, merger or
amalgamation.
33. Regulation of Combinations: [Sec 6]
+ Entering into a combination which causes or is likely to
cause an appreciable adverse effect on competition within
the relevant market in India is prohibited and such
combination shall be void
+ Ss. 2: any person or enterprise - proposes to enter into any
combination - shall give a notice to the Commission -
within 30 days of any such combination
34. + (2A) envisages that no combination shall come into effect
until 210 days have passed from the day of notice or the
Commission has passed orders, whichever is earlier.
(inserted by 2007)
+ CCI has been empowered to deal with such notice in
accordance with provisions of
1. Sections 29 = Procedure for investigation of combination
2. Sec. 30 = procedure for notice under sec. 6(2)
3. Sec. 31 = CCI orders on certain combination
35. Other relevant points:
+ Inquiry into combination by Commission – Sec 20
+ CCI orders after inquiry for Sec. 3, 4 = Sec 27
+ Competition Advocacy {Sec 49}
+ CCI: 1 Chairperson, 2-6 members – appointed by CG
+ Term: 5 years
+ PENALTIES: CHAPTER VI = Sec. 42 – 48
+ Competition (Amendment) Bill, 2020