Competiti

on

Commissio
n

S.Y.B.B.I Group 3
Introduction
 It is increasingly recognized that in a
sound business climate investors face
relatively low entry and exit barriers.
 Competition Law & Policy result in equity
among producers and reduce rent-
seeking behaviour on their part.
 The number of countries having a
competition law has risen from 35 in
1995 to around 106 as on date.

…
 the Central Government has since
established the Competition Commission
of India (the Commission) having its
head office at New Delhi with effect from
14 October 2003.
 The Commission consist of a Chairperson
and Min. 2 and Max. 6 other members
appointed by the Central Government.
 The Commission has to give its opinion
within 60 days of the receipt of such
references.
Establishment of
commission
 With effect from such date as the central
government may, by notification, appoint, there
shall be established , for the purpose of this act ,
a commission to be called the “ Competition
Commission of India.”
 The Commission shall be a body corporate by the
name aforesaid having perpetual succession and
a common seal….
 Head office of the Commission
 Establish offices at other places in India
Composition of
Commission
 Consist of a chairperson
 Min. 2 and Max. 10 other members
 Appointed by the central government.
 Central government shall appoint during
the first year.
 The Chairperson and every other Member
shall be a person of ability , integrity..
 The Chairperson and other Member shall be
whole time Members

Powers of the commission

 The Commission is to enquire into cases

relating to Anti-Competitive Agreement,
etc. through a process of enquiry.
 Can hold meetings any time.
 All questions / issues shall be decided by
a majority of Members present through
voting.
 The Chairperson (or presiding Member)
shall have a second or casting vote.
 Every meeting of the Commission is
required to have a quorum of three
Members.
 The Commission is empowered to restrain
any party from carrying on an act in
contravention of sub-section (1) of
Section 3
 The commission can pass the following
orders;


 Direction to discontinue and not to re-enter such

agreement or discontinue abuse of dominance;
 Impose penalty;
 Direct modification of agreement.
Term of office
 Term of five years.
 Eligible for reappointment.
 Member shall hold office as such after he
has attained –
 a)in the case of the Chairperson, the age of 67
years:
 b) In the case of any other Member, the age of
65 years
 c) A vacancy caused by the resignation or
removal of the Chairperson
 D) The Chairperson and every other
Member shall make and subscribe to an
oath of office.


 E) In the event of the occurrence of a

vacancy in the office of the Chairperson by
reason of his death.


 f) When the Chairperson is unable to

discharge his functions owing to absence
Salaries
 The salary, and the other terms and
conditions of service of the Chairperson
and other Member’s including travelling
expenses.
 The salary and allowance and other terms
and conditions of service of the
Chairperson or a Member shall not be
varied to his disadvantage after
appointment.



Duties of the Commission
 To eliminate practices having adverse
effect on competition.
 Promote and sustain competition.
 Protect the interests of consumers.
 Ensure freedom of trade carried on by
other participants, in markets in India.



Orders of the commission
 The Commission can direct any enterprise
to discontinue with anti-competitive
practice i. e. cease and desist’ order.
 Penalty up to 10% of the turnover.
 The Commission has the power to modify
any agreement or
 Direct an enterprise to abide by its orders.
 Order division of an enterprise which
enjoys dominant position
Appeals

 Appeals against orders of the Commission

can be challenged before the
Competition Appellate Tribunal.
 Any person or local authority can appeal.
 Appeals can be challenged in the
Supreme Court of India.

 Execution of orders of
Commission
 Every order passed by the commission is
enforceable in the same manner as a
decree or order made by High court.
 The commission can send the order to
High Court if its inable to execute it.

Case Studies
 Aircel


 Sugar in Spain


 SABCO , Kenya

Conclusion
 India’s competition authority—the
Competition Commission of India (CCI)—
is in an incipient stage.
 The fundamental economic rationale
behind the promotion of competition is
the reality of the scarcity of resources.
 In order to carry out its mandate of
enforcement, CCI faces competing
demands upon its available resources.
Acknowledgement
 We sincerely thank Prof. Mr. Vijay Joshi for
giving a chance to put light on
competition commission of India.

 BIBLIOGRAPHY
 
 www.cci.gov.in
 


 2. www.google.com
 


 3. www.asialaw.com
 


 4. Universal’s Guide to Competition Law

in India 2005 

Competitive Efforts By -
 Ashish Bansal – 03 :-D
 Himansh Chaprod – 09 
 Sohan Gaonkar - 15 :)
 KrutikaJain - 20 :-p
 Tanvi Khandelwal - 27 ;-)