Competition law project on –
competition comission of India
Submitted to- Submitted
by-
ADV.ANURADHA MAHIKA
RAJAN
UPADHYAY
A3221517160
(Professor) bba llb (H)
Amity law school.
Section-‘c’
(2017-2022)
Semester-
6th
Acknowledgement
I would like to express my special
thanks of gratitude to my teacher Dr.
Anuradha upadhyay who gave me
the golden opportunity to do this
wonderful project on the topic
[ Competition comission and its
powers and functions] which also
helped me in doing a lot of Research
and i came to know about so many
new things I am really thankful to
them.
Secondly i would also like to thank
my parents and friends who helped
me a lot in finalizing this project
within the limited time frame.
Competition Commission of India
Competition Commission of India is a statutory body of the
Government of India responsible for enforcing The Competition
Act, 2002 throughout India and to prevent activities that have an
appreciable 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.
The Competition Act, 2002
The idea of Competition Commission was conceived and introduced
in the form of The Competition Act, 2002 by the Vajpayee
government. A need was felt to promote competition and private
enterprise especially in the light of 1991 Indian economic
liberalisation.
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 Merger and
acquisition), which causes or likely to cause an appreciable adverse
effect on competition within India.
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 14 October 2003. CCI
consists of a Chairperson and 6 Members appointed by the Central
Government.
Functions and powers
It is the duty of the Commission
1-to eliminate practices having adverse effect on competition,
2-promote and sustain competition,
3-protect the interests of consumers and ensure freedom of trade in
the markets of India.
4-The Commission is also required to give an opinion on competition
issues on a reference received from a statutory authority established
under any law and to undertake competition advocacy,
And to create public awareness .
5-power to regulate its own procedure – section 36
6-power to impose monetary penalty – section 39
7-power to issue an interim order – section 33
8- inquire into certain agreements and dominant position of
enterprises.
9- inquire into the acquition , control and combinations – section 20.
10- competition advocacy – section 49 of act provides for
competition advocacy and enumerates that the central or state
government may make reference to the comission for its opinion .
Google Inc. v. CCI
A Complaint was filed before the CCI that Google Inc. has abused its
dominant position in the internet advertising space by promoting its
vertical search services like Youtube, Google News, Google Maps,
etc. In other words, these services would appear predominantly
during a search result on Google, irrespective of their popularity or
relevance. The main issue was whether an administrative body like
CCI had inherent powers to review or recall its order passed under
section 26(1) in the absence of any specific provisions in the
Competition Act, 2002?
The Delhi Court held that Competition Commission of India can recall
or review its order subject to certain restrictions and the same
should be done sparingly and not in every case where an
investigation has been ordered without proper hearing.
Shri Ashok Kumar Sharma v. Agni Devices Pvt.
Ltd
Respondents claims itself to be the leading manufacturer, developer,
importer and exporter of fire alarm systems, etc and has used
threatening language to the appellant in regard to the use of
trademarks. It this voilative of the act.
It was held that a mere restriction on the use of trademark would not
be in violation of Sections 3 or 4 of the Competition Act, 2002.
