Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Competition Act prohibits anticompetitive agreements, abuse of dominant position by enterprises and regulates combinations (i.e. mergers, acquisitions and amalgamations). Under Section 3(5), the competition rules do not apply to agreements that impose reasonable conditions on the use of intellectual property rights and to agreements relating to the export of goods from India. …

Scope

The Competition Act was passed by the Parliament in 2002.

It was subsequently amended by the 2007 Competition Amendment Act which established the Competition Commission of India and the Competition Appellate Tribunal. Further provisions related to anticompetitive agreements and abuse of dominant position were published in 2009.

The objectives of competition law have been highlighted in a judgment delivered by the Supreme Court of India as: “to promote economic efficiency using competition as one of the means of assisting the creation of a market responsive to consumer preferences. The advantages of perfect competition are three-fold: allocative efficiency, which ensures the effective allocation of resources, productive efficiency, which ensures that costs of production are kept at a minimum and dynamic efficiency, which promotes innovative practices” (CCI v. Steel Authority of India Limited, Civil Appeal No 7999, 9 September 2010).

In 2018, the Ministry of Corporate Affairs instituted the Competition Law Review Committee to assess whether the Act was still up to date looking at the growth of many Indian markets, including digital markets. Based on the Committee's recommandations, and following the public consultation opened in February 2020, a Competition (Amendment) Bill 2022 was introduced before the lower house of the Parliament (Lok Sabha) on August 5, 2022. 

This led to the issuing of the Competition (Amendment) Act, 2023 which received Presidential assent on 11 April 2023. 

The Amendment notably broadens the definition of anticompetitive agreements, introduces a mechanism for settlements and commitments as well as a “leniency plus” provision. 

Context

The Competition Act prohibits anticompetitive agreements, abuse of dominant position by enterprises and regulates combinations (i.e. mergers, acquisitions and amalgamations). Under Section 3(5), the competition rules do not apply to agreements that impose reasonable conditions on the use of intellectual property rights and to agreements relating to the export of goods from India.

Global Competition Law

992. Scope

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Les notions juridiques connexes

992. Scope

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise