2.  INTRODUCTION
 THE COMPETITION ACT 2002
 IMPORTANT PROVISIONS OF THE ACT
 LATEST AMENDMENTS IN COMPETITION ACT
2002
 ESTABLISHMENT OF APPELLATE TRIBUNAL
 USEFULNESS OF COMPETITION ACT FOR THE
SOCIETY
 CARTEL

3. The Competition Act 2002 is an act to provide, keeping in
view the economic development of the country for the
establishment of a commission (known as Competition
Commission)
 To prevent practices that are having an adverse effect
on competition,
 To promote and sustain competition in markets,
 To protect the interest of consumers and to ensure
freedom of trade carried on by other participants in
the market in India.

4. The competition act
2002, was enabled
by the parliament of
India and governs
Indian competition
law.
It was replaced the
archaic MRTP
Act, 1969.

5. An Act to provide, keeping in view of the
economic development of the country, for the
establishment of a Commission to prevent
practices having adverse effect on competition, to
promote and sustain competition in markets, to
protect the interests of consumers and to ensure
freedom of trade carried on by other participants
in markets, in India, and for matters connected
therewith or incidental thereto

6. "The main objective of competition law is to promote
economic efficiency using competition as one of the
means of assisting the creation of market responsive
to consumer preferences. The advantages of perfect
competition are three-fold: allocative
efficiency, which ensures the effective allocation of
resources, productive efficiency, which ensures that
costs of production are kept at a minimum and
dynamic efficiency, which promotes innovative
practices."
(Judgment in Civil Appeal No. 7999 of 2010
pronounced on 9th September, 2010

7. PROHIBITION OF ANTI – COMPETITIVE AGREEMENTS:
• No enterprise or association of the enterprise or person or
association of person shall enter into any agreement in respect of
production, distribution, supply, acquisition or control of goods or
provision of service which cause or likely to cause an appreciable
adverse effect on competition within India
• Any agreement entered into in contravention of previous
contained sub section(1) shall be void
• Any agreement entered between enterprise or association of
enterprise or persons or association of persons or any other
enterprise or association including cartel engaged in identical or
similar trade of goods or services which ….
• Any agreement amongst enterprise or person at different stages
or level of the production chain in different markets in respect to
production, distribution, supply, storage, sales or price of trade in
goods and services including…

8. A n appellate body will be established to oversee the
judicial requirements of the Competition Commission of
India (CCI)
CCI and appellate body board members will be appointed
by the chief justice of India
The CCI will not entertain complaints but rather receive
information
The power to award compensation will move from the
CCI to the appellate body

9. The high court will no longer be obliged to
implement the CCI’s decisions
The CCI will lose the power to review its own orders
All appellate body proceedings will be regarded as
being judicial
Only the appellate body will have the power to
punish violation of the competition law.

11. (1) The Central Government shall, by notification, establish an Appellate
Tribunal
to be known as Competition Appellate Tribunal -
(a) to hear and dispose of appeals against any direction issued or decision
made or order passed by the Commission under sub-sections (2) and (6)
of section 26, section 27, section 28, section 31, section 32, section 33,
section 38, section 39, section 43, section 43A, section 44, section 45 or
section 46 of the Act;
(b) to adjudicate on claim for compensation that may arise from the findings
of the Commission or the orders of the Appellate Tribunal in an appeal
against any finding of the Commission or under section 42A or under sub-
section(2) of section 53Q of this Act, and pass orders for the recovery of
compensation under section 53N of this Act.
(2) The Headquarter of the Appellate Tribunal shall be at such place as the
Central Government may, by notification, specify.

12.  Make the markets work for the benefit and welfare of
consumers. Ensure fair and healthy competition in
economic activities in the country for faster and inclusive
growth and development of economy.
 Implement competition policies with an aim to effectuate
the most efficient utilization of economic resources.
 Develop and nurture effective relations and interactions
with sectoral regulators to ensure smooth alignment of
sectoral regulatory laws in tandem with the competition
law.
 Effectively carry out competition advocacy and spread the
information on benefits of competition among all
stakeholders to establish and nurture competition culture
in Indian economy.

13. “CARTEL" includes an association of
producers, sellers, distributors, traders or
service providers who, by agreement
amongst themselves, limit, control or
attempt to control the
production, distribution, sale or price
of, or, trade in goods or provision of
services.

16. HON'BLE DR. JUSTICE ARIJIT
PASAYAT CHAIRMAN