Competition Act, 2002: Afterscho OL

Competition Act, 2002
AFTERSCHO☺OL
– DEVELOPING CHANGE MAKERS
CENTRE FOR SOCIAL ENTREPRENEURSHIP
PGPSE PROGRAMME –
World’ Most Comprehensive programme in social
entrepreneurship & spiritual entrepreneurship
OPEN FOR ALL FREE FOR ALL
www.afterschoool.tk
02/03/09 AFTERSCHO☺OL's
AFTERSCHO☺OL's MATERIAL
MATERIAL 1
www.afterschoool.tk FOR PGPSE PARTICIPANTS
Competition Act, 2002
Dr. T.K. Jain.
AFTERSCHO☺OL
Centre for social entrepreneurship
Bikaner M: 9414430763
tkjainbkn@yahoo.co.in
www.afterschool.tk, www.afterschoool.tk
www.afterschoool.tk
02/03/09 AFTERSCHO☺OL's
AFTERSCHO☺OL's MATERIAL
MATERIAL 2
Objectives…
• To promote fair business practices
• To control aspects of anti-competitive
agreements, abuse of dominant position
and regulation of competitions.
• To prevent monopolies – as private
monopolies can be detrimental to national
economy
02/03/09 AFTERSCHO☺OL's MATERIAL 3

CCI
• Sec. 7 (1)
• Competition commission of India – will be the
apex body to look into the complaints relating to
unfair practices, competition, monopoly etc.
• The Commission shall consist of a Chairperson
and not less than two and not more than ten
other Members to be appointed by the Central
Government. Provided that the Central
Government shall appoint the Chairperson and a
Member during the first year of the
establishment of the Commission. [section 8(1)].
Director General
• The Director General will investigate the
complaints/references on receipt of orders
from Commission and then submit his
report to Commission. He will also conduct
the cases before CCI. The Director
General cannot conduct investigation suo
motu. DG will be appointed by Central
Government.

Working ..
• (a) Prohibition of anti-competitive agreements
• (b) Prohibition of abuse of dominant position and
• (c) Regulation of combinations. CCI will consist
of judicial as well as non-judicial persons, On
receipt of complaint or reference, CCI can issue
order to Director General to investigate. His
report will then be considered by CCI. The CCI
will hear the concerned parties and then pass
necessary orders

Anti - Competitive agreements void
• No enterprise or association of enterprises or
person or association of persons 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 within India. [section 3(1)]. Any
agreement entered into in contravention of the
provisions contained in section 3(1) shall be
void. [section 3(2)].
No- misuse of dominant position ..
• No enterprise shall abuse its dominant position.
[section 4(1)]. Note that dominant position‘ itself
is not prohibited. What is prohibited is its misuse.
―Dominant position‖ means a position of
strength, enjoyed by an enterprise, in the
relevant market, in India, which enables it to - (i)
operate independently of competitive forces
prevailing in the relevant market; or (ii) affect its
competitors or consumers or the relevant market
in its favour. [Explanation (a) to section 4(2)]
Abolition of MRTPC
• Monopoloy and Restrictive Trade practices Commission
(under MRTP Act) has been abolished. [section 66(1)].
Cases pending in respect of Monopolistic Trade
Practices or Restrictive Trade Practices will be
transferred to Competition Commission. [section 66(3)].
All cases of Unfair Trade Practices (except those relating
to disparaging of goods) will be transferred to National
Commission constituted under Consumer Protection Act.
National Commission can transfer the cases to State
Commission. [section 66(4)]. Cases in respect of
disparaging of goods [section 36A(1)(x) of MRTP Act]
will be transferred to Competition Commission. [section
66(5)]. Investigation pending with Director General of
Investigation and Registration [DGIR] will be transferred
to Competition Commission/National Commission
What is combination?
• Take over is one of the ways of increasing
market dominance. The acquisition of one
or more enterprises by one or more
persons or merger or amalgamation of
enterprises shall be treated as
combination‘ of such enterprises and
persons or enterprises in prescribed
cases. Broadly, combination‘ can be either
by acquisition or merger in one enterprise
or an enterprise which belongs to a group
Stop misuse of combination
• No person or enterprise shall enter into a
combination which causes or is likely to cause
an appreciable adverse effect on competition
within the relevant market in India and such a
combination shall be void. [section 6(1)]. The
definition and heading of the section itself
means that it is regulation of combination‘. Thus,
combination in itself is not prohibited. It will be
held void only if it adversely affects competition.

Anti competitive practices…
• (a) tie-in arrangement (b) exclusive supply
agreement (c) exclusive distribution agreement
(d) refusal to deal (e) re-sale price maintenance,
- shall be an agreement in contravention of
section 3(1), if such agreement causes or is
likely to cause an appreciable adverse effect on
competition in India. [section 3(4)]. Thus, there is
no presumption that the act is adversely
affecting competition. In other words, burden is
on complainant to prove that the action /
agreement is adversely affecting competition
About AFTERSCHO☺OL
• PGPSE - World’s most comprehensive
programme on social entrepreneurship –
after class 12th
• Flexible – fast changing to meet the
requirements
• Admission open throughout the year
• Complete support from beginning to the
end – from idea generation to making the
project viable.
Branches of AFTERSCHO☺OL
• PGPSE programme is open all over the
world as free online programme.
• Those who complete PSPSE have the
freedom to start branches of
AFTERSCHO☺OL
• A few branches have already started -
one such branch is at KOTA (Rajasthan).

Workshop on social
entrepreneurship
• We conduct workshop on social
entrepreneurship – all over India and out
of India also - in school, college, club,
association or any such place - just send
us a call and we will come to conduct the
workshop on social entrepreeurship.
• These workshops are great moments of
learning, sharing, and commitments.

FREE ONLINE PROGRAMME
• AFTERSCHO☺OL is absolutely free
programme available online – any person can
join it. The programme has four components :
• 1. case studies – writing and analysing – using
latest tools of management
• 2. articles / reports writing & presentation of
them in conferences / seminars
• 3. Study material / books / ebooks / audio / audio
visual material to support the study
• 4. business plan preparation and presentations
of those plans in conferences / seminars

100% placement / entrepreneurship
• AFTERSCHO☺OL has the record of
100% placement / entrepreneurship till
date
• Be assured of a bright career – if you join
AFTERSCHO☺OL

Pursue professional courses along
with PGPSE
• AFTERSCHO☺OL permits you to pursue
distance education based professional /
vocational courses and gives you support
for that also. Many students are doing CA
/ CS/ ICWA / CMA / FRM / CFP / CFA and
other courses along with PGPSE.
• Come and join AFTERSCHO☺OL


Competition Act, 2002: Afterscho OL

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Competition Act, 2002: Afterscho OL

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Competition Act, 2002

02/03/09 AFTERSCHO☺OL's MATERIAL 3

02/03/09 AFTERSCHO☺OL's MATERIAL 5

02/03/09 AFTERSCHO☺OL's MATERIAL 6

02/03/09 AFTERSCHO☺OL's MATERIAL 11

02/03/09 AFTERSCHO☺OL's MATERIAL 14

02/03/09 AFTERSCHO☺OL's MATERIAL 15

02/03/09 AFTERSCHO☺OL's MATERIAL 16

02/03/09 AFTERSCHO☺OL's MATERIAL 17

02/03/09 AFTERSCHO☺OL's MATERIAL 18

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