Competition Act 2002 - History, Definition and Salient Features
Competition Act 2002 - History, Definition and Salient Features
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The Competition Act, 2002 is a law that governs commercial competition in India. It replaced the erstwhile
Monopolies and Restrictive Trade Practices Act, 1969.
The Competition Act aims to prevent activities that have an adverse effect on competition in India.
This article will give further details about the Competition Act, 2002 within the context of the Civil Services
Examination (https://byjus.com/civil-services-exam/).
The Monopolies and Restrictive Practices Act of 1969 was enacted to limit the concentration of wealth in a few
hands and limit monopolistic practices, but it was too archaic in its definitions of what is a ‘monopolistic practice’.
Thus, it was decided that a new law governing competition in India was required.
Keeping the above purpose in mind the Competition Act was introduced in Lok Sabha (https://byjus.com/free-ias-
prep/the-lok-sabha/) on 6 August 2001.
1. Acquisition: Acquisition is defined as the direct or indirect agreement to acquire shares, voting rights or control
of assets over any enterprise.
2. Cartel: A cartel is defined as an association of producers, sellers who limit control distribution, sale or
promotions on goods through an arrangement previously made.
3. Position: A dominant position means a position of power held by an enterprise in the related market. It enables
the enterprise to function freely and influence the market to its directions.
4. Predatory pricing: Predatory pricing is where the price of goods and services is reduced to well below the cost
of production in order to eliminate competition.
5. Rule of reason: The interpretation of activity on the basis of business justification, market impact on competition
and on the consumer.
Salient Features
The following are the features of the Competition Act:
1. Anti Agreements: Any individual or enterprises shall not deal in production supply or distribution that may
cause a negative impact regarding competition in India. Any existence of such agreements is considered illegal.
2. Abuse of dominant position: In the event, an enterprise or an associated individual, it is found to indulge in
practices that are unfair or discriminatory in nature shall be considered an abuse of dominant position. If a party is
found to be in abuse of its position, then they will be subjected to an investigation from the concerned authorities.
3. Combinations: As per the act a combination is defined as terms which lead to acquisitions or mergers. But
should such combinations cross the limits as put forth by the Act, then the parties involved would be under the
scrutiny of the Competition Commission of India.
The other function of the Commission is to advise the Government of India regarding competition in the economy
and create public awareness on the same issue.
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