- The lower house of Parliament passed the Competition (Amendment) Bill, 2023 which seeks to amend the Competition Act, 2002.
- The Bill seeks to聽amend聽the聽Competition Act, 2002,聽to聽regulate聽mergers and acquisitions聽based on the value of transactions.
- The Act聽prohibits聽any person or enterprise from聽entering into a combination聽which may聽cause an appreciable adverse effect聽on competition.
- Deals with transaction value of聽more than Rs 2,000 crore聽will聽require CCI鈥檚 approval.
- The Bill proposes to reduce the timeline聽for the CCI to pass an order聽on such transactions聽from 210 days to 150 days.
- For classification of combinations, the Act聽defines control聽as control over the affairs or management聽by one or more enterprises over another enterprise or group.
- The Bill聽modifies the definition of control聽as the聽ability to exercise material influence聽over the management, affairs, or strategic commercial decisions.
Anti-competitive agreements:聽
- The Bill聽expands the scope of entities聽that can be adjudged to be a聽part of anti-competitive agreements.
- Currently, enterprises or persons聽engaged in similar businesses聽can be held to be a part of anti-competitive agreements.
- The Bill expands this to also聽include聽enterprises or persons聽who are not engaged in similar businesses.
- The Bill provides a聽framework for settlement聽and commitment for聽faster resolution of investigations聽of anti-competitive agreements and abuse of dominant position.
Decriminalisation of certain offences:
- The Bill decriminalises certain offences under the Act by聽changing the nature of punishment聽from聽imposition of fine to civil penalties.
- These offences聽include聽failure to comply聽with orders of the CCI and directions of the Director General related to anti-competitive agreements and聽abuse of dominant position.
The Competition Act 2002
- The Competition Act of 2002聽replaced聽the聽Monopolies and Restrictive Trade Practices Act, 1969.
- Before聽the Competition Act was enacted, there were聽no provisions in India聽regulating competition聽or prohibiting anti-competitive agreements.
- It聽established聽the聽Competition Commission of India (CCI).
The Competition Act is based on聽three pillars聽of competition law:
- Competition Commission of India聽(CCI),
- Competition Appellate Tribunal (COMPAT) and
- the National Competition Policy (NCP).
Main provisions:
- The competition law聽prohibits any agreement聽between聽two or more enterprises or persons聽to maintain market competition and safeguard consumers’ interests within India.
- Such agreements can be聽vertical or horizontal.
- Vertical agreements聽are those agreements聽between enterprises at different stages of production,
- Horizontal agreements聽are those聽between enterprises at the same production level.
- If any enterprise abuses its dominant position,聽it will be punished.
- If any agreement between enterprises or individuals聽hurts competition, it will be聽considered a criminal offence.
- The聽Commission will decide on mergers聽and acquisitions only if it does not harm competition in the market.
- To聽secure transparency聽and avoid any misunderstanding between enterprises or individuals, an聽enterprise shall inform CCI聽regarding their聽dealings聽that are聽likely to affect competition聽in the market聽before taking such action or entering into such agreement.
Competition Commission of India
路聽聽聽聽聽聽聽 The Competition Commission of India is a body that聽deals with all matters under the act. 路聽聽聽聽聽聽聽 The Competition Commission of India (CCI) is a聽statutory body聽of the Government of India responsible for聽enforcing the Competition Act 2002聽throughout India and聽preventing activities that hurt competition in India. Headquarters:聽New Delhi. It has聽six regional offices: Kolkata, Chennai, Mumbai, Delhi, Hyderabad and Bangalore. Composition and appointment: 路聽聽聽聽聽聽聽 The Commission is headed by a聽Chairperson聽and is made up of聽six members聽appointed聽by the聽Central Government. 路聽聽聽聽聽聽聽 The聽chairperson聽must be a person who has been a聽Judge of the Supreme Court or Chief Justice of the High Court, or an聽economist聽with聽20 years of experience. 路聽聽聽聽聽聽聽 Members聽should possess聽qualifications聽prescribed under聽Competition Commission Rules, 2009. |
SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB