AchalOza at 16:02, 12 October 2007

2007-10-12T16:02:02Z

← Older revision		Revision as of 16:02, 12 October 2007
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	'''Score = 23'''		'''Score = 22'''

	''Governed by:'' The Competition Act, 2002, No. 12 of 2003 enacted on 13 January 2003 (hereinafter referred to as “Competition Act").		''Governed by:'' The Competition Act, 2002, No. 12 of 2003 enacted on 13 January 2003 (hereinafter referred to as “Competition Act").

AchalOza at 19:53, 25 June 2007

2007-06-25T19:53:13Z

← Older revision		Revision as of 19:53, 25 June 2007
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	'''Score = 23'''		'''Score = 23'''

	''Governed by:'' The Competition Act, 2002, No. 12 of 2003 enacted on 13 January 2003 (hereinafter referred to as “Competition ~~Act’~~).		''Governed by:'' The Competition Act, 2002, No. 12 of 2003 enacted on 13 January 2003 (hereinafter referred to as “Competition Act").
	<ref>Competition Commission of India website, http://www.competition-commission-india.nic.in/Act/competition_act2002.pdf</ref>		<ref>Competition Commission of India website, http://www.competition-commission-india.nic.in/Act/competition_act2002.pdf</ref>

AchalOza: New page: '''Score = 23''' ''Governed by:'' The Competition Act, 2002, No. 12 of 2003 enacted on 13 January 2003 (hereinafter referred to as “Competition Act’). Competition Commission of ...

2007-06-25T19:52:46Z

New page: '''Score = 23''' ''Governed by:'' The Competition Act, 2002, No. 12 of 2003 enacted on 13 January 2003 (hereinafter referred to as “Competition Act’). <ref>Competition Commission of ...

New page

'''Score = 23'''

''Governed by:'' The Competition Act, 2002, No. 12 of 2003 enacted on 13 January 2003 (hereinafter referred to as “Competition Act’).
<ref>Competition Commission of India website, http://www.competition-commission-india.nic.in/Act/competition_act2002.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 32 extends the scope of the Act to include acts taking place outside India but having an effect on competition in India.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 42 allows the Commission to fine parties for contravening their orders.

|-
|
| Prison Sentences
| 1
| Article 42 allows the Commission to imprison parties for contravening their orders.

|-
|
| Divestitures
| 1
| Article 28 allows for the division of an enterprise in a dominant position.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 19(1)(a) allows any person to submit a complaint to the Commission.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 34 gives the Commission the power to award compensation to injured 3rd parties.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Articles 34, 35, and 40 gives 3rd parties rights in proceedings.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 1
| Article 6(2) says that enterprises have the option of notifying the Commission of mergers.

|-
|
| Mandatory
| 0
|

|-
|
| Pre-merger
| 2
| Article 6 says this notification must happen within a week of the decision to merge.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 20(4)(d) lists the degree of market power as a consideration in merger assessment.

|-
|
| Restriction of Competition
| 1
| Articles 20(1), 6(1) prohibit concentrations that are likely to cause an adverse effect on competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 20(4)(m) lists the relative advantages to economic development of a merger as a factor in merger assessment.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 4(2)(b) prohibits limiting access to production or technical development.

|-
|
| Abusive Acts
| 1
| Article 4(1) prohibits the abuse of a dominant position.

|-
|
| Price Setting
| 0
|

|-
|
| Discriminatory Pricing
| 1
| Article 4(2)(a) lists discriminatory pricing as an abusive practice.

|-
|
| Resale Price Maintenance
| 1
| Article 3(4)(e) prohibits RPM when it has adverse effects on competition.

|-
|
| Obstacles to Entry
| 1
| Article 4(2)(c) prohibits limiting market access.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 3(3)(a) prohibits price fixing.

|-
|
| Tying
| 1
| Article 3(4)(a) prohibits tying arrangements if they have adverse effects on competition.

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 3(3)(b) prohibits output restraint.

|-
|
| Market Sharing
| 1
| Article 3(3)(c) prohibits market sharing.

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 3(3)(d) prohibits bid rigging.

|-
|
| Supply Refusal
| 1
| Article 3(4)(d) prohibits supply refusals where they adversely affect competition.

|-
|
| Efficiency Defense
| 1
| Article 3(3) allows an exemption for agreements that increase efficiency in production, supply, or distribution.

|}

== References ==
<references />

India (January 13, 2003) - Revision history

AchalOza at 16:02, 12 October 2007

AchalOza at 19:53, 25 June 2007

AchalOza: New page: '''Score = 23''' ''Governed by:'' The Competition Act, 2002, No. 12 of 2003 enacted on 13 January 2003 (hereinafter referred to as “Competition Act’). Competition Commission of ...