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Competition Law Notes

The document outlines key aspects of competition law in India, including constitutional provisions, early legislations like the MRTP Act and Consumer Protection Act, and international laws such as the Sherman Antitrust Act. It details the Competition Act of 2002, which replaced the MRTP Act, and established the Competition Commission of India (CCI) to promote fair competition and consumer protection. Additionally, it discusses the powers of the CCI, penalties for anti-competitive practices, and significant Supreme Court judgments related to competition law.

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Pushpender Saini
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47 views5 pages

Competition Law Notes

The document outlines key aspects of competition law in India, including constitutional provisions, early legislations like the MRTP Act and Consumer Protection Act, and international laws such as the Sherman Antitrust Act. It details the Competition Act of 2002, which replaced the MRTP Act, and established the Competition Commission of India (CCI) to promote fair competition and consumer protection. Additionally, it discusses the powers of the CCI, penalties for anti-competitive practices, and significant Supreme Court judgments related to competition law.

Uploaded by

Pushpender Saini
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Competition Law Notes

Unit I: Constitutional Provisions & Early Legislations

1. Constitutional Provisions Regulating Trade:

 Article 19(1)(g): Right to practice any profession or trade, subject to


reasonable restrictions.

 Article 301: Freedom of trade, commerce, and intercourse throughout


India.

 Article 302-305: Parliament and State powers to regulate trade for


public interest.

2. MRTP Act, 1986 (Monopolies and Restrictive Trade Practices Act):

 Aimed to prevent monopolistic, restrictive, and unfair trade practices.

 Defined dominant undertakings and prohibited concentration of


economic power.

 Repealed in 2002 and replaced by the Competition Act.

3. Consumer Protection Act, 1986:

 Established consumer rights and protection against unfair trade


practices.

 Created Consumer Dispute Redressal Forums at district, state, and


national levels.
Unit II: International Competition Laws

1. Sherman Antitrust Act, 1890 (USA):

 Prohibited anti-competitive agreements and monopolistic practices.

 Section 1: Prohibits contracts, combinations, and conspiracies in


restraint of trade.

 Section 2: Addresses monopolization and attempts to monopolize.

2. Clayton Act, 1914 (USA):

 Strengthened antitrust provisions by addressing specific practices.

 Prohibited price discrimination, exclusive dealings, and mergers


reducing competition.

3. Federal Trade Commission Act, 1914 (USA):

 Established the Federal Trade Commission (FTC) to prevent unfair


competition.

4. U.K. Competition Act, 1998:

 Prohibited anti-competitive agreements and abuse of dominant


position.

 Established the Office of Fair Trading and Competition Commission.


Unit III: Competition Act, 2002 (India)

1. Overview and Objectives:

 Replaced the MRTP Act to promote fair competition and protect


consumer interests.

 Aims to prevent practices having an adverse effect on competition.

2. Key Provisions:

 Section 3: Prohibits anti-competitive agreements, including cartels.

 Section 4: Prohibits abuse of dominant position.

 Section 5 & 6: Regulates combinations (mergers and acquisitions)


exceeding thresholds.
Unit IV: Competition Commission of India (CCI)

1. Establishment and Composition:

 Quasi-judicial body established under the Competition Act, 2002.

 Consists of a Chairperson and 6 Members appointed by the Central


Government.

2. Powers and Functions:

 Inquire into anti-competitive practices and abuse of dominance.

 Approve or reject combinations based on competition impact.

 Impose penalties and promote competition advocacy.


Unit V: Director General, Penalties & Key Judgments

1. Director General:

 Investigative arm of the CCI.

 Collects evidence, conducts raids, and submits reports.

2. Penalties:

 Section 27: Penalties for anti-competitive agreements and abuse of


dominance (up to 10% of turnover).

 Section 43A: Penalty for failure to notify combinations (up to 1% of the


combination value).

3. Competition Advocacy:

 Promotes competition culture through awareness and education.

4. Important Supreme Court Judgments:

 Competition Commission of India v. Bharti Airtel Ltd. (2019): Clarified


jurisdiction between TRAI and CCI.

 Excel Crop Care Ltd. v. CCI (2017): Upheld CCI's power to impose
penalties based on 'relevant turnover.'

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