Efficacy Of Competition Act, 2002 In Controlling Anti-Competitive Agreements & Abuse Of Dominant Position
Priyanka, B.A.LL.B, CT University
ABSTRACT
Freedom of trade and a healthy competitive market are two important characteristics of economic development of a country. However, several anti- competitive practices like cartel, anti-competitive agreements, abuse of dominant position, monopoly and combinations present in the market are seen as the causes which cause an appreciable adverse effect on competition. Thus, the Competition Act, 2002 is aimed at keeping a check on these practices and balancing them. The Act aims to prevent these practices and protect the interest of the consumers. Keeping in view this line of thought, the present paper aims at critical disclosure of various provisions of the Competition Act, 2002 which play an important role in controlling anti-competitive agreements and abuse of dominant position in the Indian market. The paper also attempts to analyse the landmark orders of Competition Commission of India, in respect of section 3 and 4 and the working of Competition Commission of India, in regard to inquiries and imposition of penalties on the wrongdoer for not complying with the provisions of the present act.
Keywords: Anti-competitive practices, Horizontal agreements, Vertical agreements, Dominant position, Competition commission of India (CCI), Market, Intellectual Property Rights and Efficacy.
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