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Thursday, December 20, 2012

Competition Law India

Two types of ambition: ? ? Unfettered competition Regulated competition Objectives of competition act: ? ? ? Promotion of competition prejudice to public entertain in any part of india Protection of customers obstruction of anti competitive trade practices Scope of competition act ? ? ? Prohibition of anti competitive agreements (control of quality, quantity) Prohibition of abuse of dominance (dominance) code of competition (mergers) Competition advocacy; Steps taken to disallow ; its a govt task Dominance is not unwholesome until its objective is to exploit people, mergers allowed to a certain extent intellect sometimes may be an arrangement (which may be tacit) Collection of evidence for ACAs and abuse of dominance is tough where as for mergers it is relatively easy. CCI = competition commission of india ANTI COMPETITIVE AGREEMENTS (ACA): Essentials: 1. in that respect must be agreement which need not be in writing 2. Object of the agreement may be ? to bar entry into the field ? foreclosure of competition ? adverse wallop on development of the industry 3.
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Agreement must depart to adverse impact on public interest in any part of india Exception Any agreements upto 3000 crore and revenue upto 5% in product or geographical area Forms of ACA visualizee ACA between the business men in the same level and line, regarded as per se agreements 1. Bid rigging (tenders/auctions) collusive dictation ( fightders form a front, regulation in instruction) 2. Rotational bidding (members in a grp make an assessment of market, equal circumstances to everyone, overbold persons not allowed) Squeezing bids (prices in a bid pushed to very high levels) 3. Identical bids (price quotation in new markets) 4. Cover bids (to ward off the possibility of losing bids, a plan B,sharing of the spoils) 2. Price reversion: retail and wholesale markets, price pegging, 3. quota fixation: export markets 4. market allocation: bhais, geographical areas, no intervention agreements Objective of ACAs : Limiting the production or... If you want to get a full essay, order it on our website: Ordercustompaper.com

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