Escolar Documentos
Profissional Documentos
Cultura Documentos
Prof.
INDEX
MRTPACT,
ACT,1969
1969
MRTP
MRTPACT,
ACT,1969
1969
MRTP
Monopolistic Trade Practices
Limiting or controlling production, supply or
distribution of goods or services.
Maintaining price of goods or charge or service at an
unreasonable price.
Unreasonably preventing or lessening competition.
Unreasonably increasing prices and cost of goods or
services.
MRTPACT,
ACT,1969
1969
MRTP
Restrictive Trade Practices
MRTPACT,
ACT,1969
1969
MRTP
Unfair Trade Practices
False representation
False offer of bargain price
Free gifts offer and price schemes
Non-compliance of prescribed standards
Hoardings
Case: Chevrolet Forester
COMPETITIONACT,
ACT,2002
2002
COMPETITION
Components of COMPETITION ACT, 2002
COMPETITIONACT,
ACT,2002
2002
COMPETITION
Anti-Competitive agreements (Sec
3)
Horizontal agreements
Vertical agreements
COMPETITIONACT,
ACT,2002
2002
COMPETITION
Horizontal agreements
COMPETITIONACT,
ACT,2002
2002
COMPETITION
Vertical agreements
COMPETITIONACT,
ACT,2002
2002
COMPETITION
Abuse of Dominance (Sec 4)
Dominance
product market : substitute products or
services
Geographic market : products can be supplied
at little above the current prices
Predatory pricing
Unfair pricing
Entrance to other markets
Case : Belaires Owners Association vs DLF
COMPETITIONACT,
ACT,2002
2002
COMPETITION
COMPETITIONACT,
ACT,2002
2002
COMPETITION
Thresholds for Combinations under the Act
In India
In India
&
Outside
Applicable
To
Individual
Assets
Turnover
Rs.1,500 cr.
Rs.4,500 cr.
Group
Rs.6,000 cr.
Rs.18,000 cr.
Assets
Turnover
Minimum
Indian
Total
Component out
of Total
Individual
Parties
Minimum
Total
Indian
Component
$750 m
Group
$3 bn
Rs.2,250 cr.
Rs.750 cr.
Rs.2,250 cr.
$ 9 bn
COMPETITIONACT,
ACT,2002
2002
COMPETITION
MRTP Act
1.
Based
on
the
Competition Act
pre-reforms Based
on
the
post-reforms
scenario
scenario
2.
3.
No regulation of combinations
Provides
for
regulation
of
combination
4.
5.
Power
to
impose
deterrence factor
penalty
Establishment
Eligibility
Role of CCI
COMPETITONCOMMISSION
COMMISSIONOF
OFINDIA
INDIA(CCI)
(CCI)
COMPETITON
Fine/Penalty
Who is liable?
Anti -competitive
agreements
Penalties of up to 10% of
turnover (or 3x cartelized
profits)
Abuse of
dominance
Penalties of up to 10% of
turnover
Division of dominant enterprise
Enterprises abusing
dominant position
Directors/officials also
liable
Failure to notify
a reportable
combination
Fine of up to 1% of combined
turnover/assets
Person or enterprise
Directors/officials also
liable
Failure to
comply with
directions of CCI
JURISDICTION
INDIA
CHINA
AUSTRALIA
REGULATOR
Competition
Commission of India
Anti-Monopoly
Commission
The Australian
Competition and
Consumer
Commission
Key Legislation
The Anti-Monopoly
Law.
The Competition
and Consumer
Act, 2010.
Key Prohibitions
1. Anti-Competitive
Agreements
2. Abuse of
Dominance
3. Regulation of
Combinations
1. Anticompetitiv
e agreements
2. Abuse of
dominance
3. Anticompetitiv
e mergers and
acquisitions
1. Anticompetitiv
e mergers and
acquisitions
2. Anticompetitiv
e contracts,
arrangements
or
understanding
s
3. Prohibited
forms of
exclusive
dealing
COMPARISONWITH
WITHOTHERS
OTHERS
COMPARISON
JURISDICTION
INDIA
CHINA
AUSTRALIA
Civil/Criminal
sanctions for
cartel
Leniency
Programme
Yes
Yes
Yes
Merger control
regime and
whether
voluntary or
suspensory
Yes, mandatory
and suspensory.
Yes, mandatory
provided
threshold in
turnover is met.
Survey
CONCLUSION
THANK YOU!