India (January 13, 2003)

Score = 23

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

Category	Subcategory	Score	Comment
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.
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.
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.
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
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.
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
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.