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ACT,2002
ACT NO. 12 OF 2003
MPE Div: C
Batch 2009 – 2011 [13th January, 2003.]
Submitted by:
Objectives: An act to provide, keeping in view of the opening of the Indian economy
development of the country
Establishment of a commission to prevent practices having adverse effect on
competition
To promote and sustain competition in markets,
To protect the interests of consumers and to ensure freedom of trade carried on
by other participants in markets,
In India, and for matters connected there with or incidental thereto.
Prohibition of agreements
Exclusive supply agreement; restricting the purchaser during the trade from Buying
other than those of the seller or any other person goods
Refusal to deal; which restricts by any method the persons to whom goods are sold
or from whom goods are bought
Resale price maintenance: Agreement to sell goods on condition that the prices to
be charged on the resale by the purchaser shall be the prices Fixed by the seller
Abuse of Dominant Position Sec 4
No enterprise or group shall abuse its dominant position.
a) directly or indirectly, imposes unfair or discriminatory
condition in purchase or sale of goods or service
price in purchase or sale (including predatory price) of goods or
service.
b) Limitations or Restrictions s
production of goods or provision of services or Markets
technical or scientific development relating to goods or services
unfair for consumers
indulges in practice unfair for the market structure
uses its dominant position in one relevant market to enter into,
or protect, other relevant markets
Competition Commission of India
Establishment of commission
Central Government has appointed CCI as a governing Body
If any person does not comply with the orders or directions
issued, or fails to pay the fine imposed be punishable with
imprisonment for a term which may extend to 3 years, or
with fine which may extend to rupees 25 Cr
Penalties
Power to impose penalty for non-furnishing of
information on combinations a penalty which may
extend to 1% of the total turnover or the assets,
whichever is higher, of such a combination
The opinion given by the Commission shall not be binding upon the Central
Government or the State Government, as the case may be in formulating such
policy.
The Commission shall take suitable measures for the promotion of competition
advocacy, creating awareness and imparting training about competition issues
Finance
The Central Government may, after due appropriation made by Parliament by
law in this behalf, make to the Commission grants of such sums of money as
the Government may think fit for being utilised for the purposes of this Act.
Constitution a Fund is called “Constitution of Fund’