1. bookVolume 15 (2021): Issue 1 (December 2021)
Conference Details
License
Format
Conference
eISSN
2558-9652
First Published
15 Dec 2017
Publication timeframe
1 time per year
Languages
English
access type Open Access

The legal regime of competition in India

Published Online: 31 Dec 2021
Volume & Issue: Volume 15 (2021) - Issue 1 (December 2021)
Page range: 952 - 962
Conference Details
License
Format
Conference
eISSN
2558-9652
First Published
15 Dec 2017
Publication timeframe
1 time per year
Languages
English
Abstract

The study of the competition legislation in India has as justification the fact that the indian economy has one of the biggest growth rates in the world, India being the biggest democracy in the world.

At the beginning, India had its own competition law, called the Monopolies and Restrictive Trade Practices Act 1969 (MRTP Act). After the initiation of economic liberalization in 1991, it became imperative to put in place a competition law regime that was more responsive to the economic realities of the nation and in accordance with international practices. In 2002, the Indian Parliament voted for a new law, Competition Act, to regulate business practices in India. The Competition Act has as its goal to regulate three types of conduct (anti-competitive agreements, abuse of a dominant position and combinations). The Competition Act was amended by the Competition (Amendment) Act in 2007 and 2009.

The Competition Act has also created a new enforcement body, the Competition Commission of India (CCI), which is responsible for the enforcement of the Competition Act.

According to the provisions of the Competition Act, is allowed to make an appeal to the Competition Appellate Tribunal (COMPAT) against the decisions of the CCI. A further appeal from the decision of the COMPAT may be submitted before the Supreme Court of India.

In the same, the Competition Act is taking into consideration its enforcement with the aid of mutual international support and enforcement networks across the world.

Keywords

Gupta, P. (2019). Competition Laws in India An Overview, Kochhar & Company, 3-11. Search in Google Scholar

Nomani, Z., M., & Rahman, F. (2013). Regulation of Anti-Competitive Practices and Trade Secret Laws under Competition Legislation of India: A Paradigmatic Analysis, Researchgate, January, 3-11. Search in Google Scholar

Pierce, Jr, R., J. (2017). Comparing the Competition Law Regimes of the United States and India, GWU Law School Public Law Research Paper No. 2017-27, GWU Legal Studies Research Paper No. 2017-27, 14-18. Search in Google Scholar

Pingali, V., & Chaudhuri, M., K., & Malik, P., & Tamara, R., & Kakkar, A., & Chatterjee, C., & Mondal, S., & Sokol, D. (2016). Competition Law in India: Perspectives, The Journal for Decision Makers 41(2), Indian Institute of Management, Ahmedabad SAGE Publications, 168-193.10.1177/0256090916647222 Search in Google Scholar

Sansom, M., & Christian, P. (2010). India’s New Competition Regime: The Elephant Who Became a Tiger, Journal of European Competition Law & Practice, 2010, 1(1), 62-66.10.1093/jeclap/lpp002 Search in Google Scholar

Singh, P., Lohiya, R.M. (2018). Competition policy and law vis-à-vis consumer welfare, International Journal of Law, 4(5), September 2018, 18-24. Search in Google Scholar

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