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Competition act 2002

Competition act 2002

15/September/2025 22:25    Share:   

Got it ✅
But just to clarify: there is no “Companies Act, 2002” in India.
 
In India, the main corporate law is the Companies Act, 1956 (old law) and it was replaced by the Companies Act, 2013 (current law).
 
However, Competition Act, 2002 was passed in India to deal with anti-competitive practices.
 
In the UK, there was a Companies Act, 2002 (Amendment), but the main consolidated law is the Companies Act, 2006.
 
 
? Since your previous questions were about Indian corporate law, I’ll explain the Competition Act, 2002 (India) in detail — which is often confused with “Companies Act 2002.”
 
 
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Competition Act, 2002 (India) – Detailed Overview
 
The Competition Act, 2002 replaced the Monopolies and Restrictive Trade Practices Act (MRTP), 1969.
It regulates anti-competitive practices, promotes competition, and ensures consumer welfare.
 
 
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Objectives of the Act
 
1. Prevent practices having adverse effect on competition.
 
 
2. Promote and sustain market competition.
 
 
3. Protect the interests of consumers.
 
 
4. Ensure freedom of trade for market participants.
 
 
5. Regulate combinations (mergers, amalgamations, acquisitions) to avoid monopolies.
 
 
 
 
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Key Features of the Competition Act, 2002
 
1. Establishes the Competition Commission of India (CCI) as the regulatory authority.
 
 
2. Covers both goods and services markets.
 
 
3. Prohibits:
 
Anti-competitive agreements (cartels, price fixing).
 
Abuse of dominant position (unfair pricing, restricting supply).
 
Anti-competitive combinations (M&A leading to monopoly).
 
 
 
4. Provides for penalties and remedies against violators.
 
 
5. Promotes fair competition and consumer choice.
 
 
 
 
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Important Provisions / Rules
 
1. Prohibition of Anti-Competitive Agreements (Section 3)
 
Agreements that cause or are likely to cause appreciable adverse effect on competition (AAEC) are void.
 
Includes:
 
Price-fixing
 
Limiting production/supply
 
Bid-rigging/collusive bidding
 
Cartelization
 
 
 
2. Abuse of Dominant Position (Section 4)
 
A company is dominant if it can operate independently of market forces.
 
Abuse includes:
 
Imposing unfair/discriminatory prices.
 
Limiting production/technical development.
 
Denial of market access.
 
 
 
3. Regulation of Combinations (Sections 5 & 6)
 
Combinations = mergers, acquisitions, or amalgamations.
 
CCI approval is required if combinations cross thresholds:
 
Assets > ₹2,000 crore in India or Turnover > ₹6,000 crore in India.
 
Global thresholds also apply.
 
 
Aim: Prevent monopolies and ensure fair competition.
 
 
4. Competition Commission of India (CCI)
 
Established in 2003, fully functional since 2009.
 
Functions:
 
Inquire into anti-competitive practices.
 
Approve or reject mergers/combinations.
 
Impose penalties.
 
Advise government on competition policies.
 
 
 
5. Penalties
 
Cartels: Penalty up to 3 times the profit or 10% of turnover, whichever is higher.
 
Individuals/officers responsible may also be punished.
 
 
 
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Amendments
 
Competition (Amendment) Act, 2007 – Strengthened CCI powers.
 
Competition (Amendment) Act, 2023 –
 
Introduced settlement/commitment mechanisms.
 
Reduced merger approval time to 150 days.
 
Increased penalty calculation on global turnover (not just India).
 
 
 
 
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Examples (Indian Context)
 
1. Cement Cartel Case (2012) – CCI fined top cement companies for price fixing.
 
 
2. DLF Case (2011) – CCI fined DLF ₹630 crore for abusing dominant position in real estate.
 
 
3. Google Case (2018 & 2022) – Fined for abusing dominance in Android OS and Play Store.
 
 
 
 
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✅ Summary
 
The Competition Act, 2002 (India) replaced MRTP Act, 1969.
 
Main aim: Ensure fair competition, consumer welfare, and prevent abuse of power.
 
Key provisions: Prohibition of anti-competitive agreements, abuse of dominant position, and regulation of combinations.
 
Enforced by CCI, with strict penalties for violations.
 
 
 
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