Naveeth Ahamed. M, School of Law, Christ (Deemed to be University), Bangalore
INTRODUCTION:
The competition laws in India play a significant role in the overall economic development of the country by promoting and sustaining competition among peers, ensuring freedom of trade, and protecting customer interest. India, being considered a developing nation, understood the importance of the competition laws and evolved them rapidly over the past decade adapting to the needs of the economy, ensuring fair competition, and preventing anti- competitive practices. Thus, to ensure fair competition in India, the competition law regulates the market players and prevents the abuse of dominant position in the Indian market. One major example is the case of Debapriyo Bhattacharya vs. The Principal Secretary, Home (General A) Department and Ors1 where it discussed and decided the nature and relation of the state and its role under competition law.
The aforementioned case mainly dealt with the issue involving the disparity in sections 2(h), 4, 18, 32 of the Competition Act, 2002 involving the State. According to this case, a person namely Debapriyo Bhattacharya approached the Competition Commission of India against the Principal Secretary of the Government of Andhra Pradesh and a private party Galaxy Entertainers Pvt., about the issuance of a government order, granting exclusive online booking of cinema tickets to Galaxy Entertainers Pvt. Aggrieved by the issued government order, Debapriyo Bhattacharya approached the Commission stating the violation of Section 4 of the Competition Act, 2002 by the parties and with relief to withdraw the order dated 19.02.2009 passed by the Government of Andhra Pradesh and issue a penalty.
Kommentarer