Unfair Trade Practices In India: A Comparative Analysis Between The Consumer Laws & Competition Laws
- IJLLR Journal
- Oct 30, 2023
- 1 min read
Unfair Trade Practices In India: A Comparative Analysis Between The Consumer Laws And Competition Laws
Mritunjay, Advocate, Delhi High Court
ABSTRACT
The term "unfair trade practice" broadly refers to a trade practice that adopts any unfair method or unfair or deceptive practice that is prohibited by a statute or has been recognized as actionable under law or by a court judgment in order to promote the sale, use, or supply of any goods or the provision of any service.
The purpose of this research paper is to explain why the concept of unfair commercial practices should be included in consumer laws rather than competition laws. By contrasting the provisions of the Competition and Consumer Laws created for the issue, the article further analyses the notion of unfair trade practices in India.
This research paper aims to highlight the position of unfair trade practices in India, analyze the interface between competition law and consumer law in the theoretical framework, and do so through the inconsistent interpretations of "consumer welfare" with regard to unfair trade practices that are made in both pieces of legislation.
The evolution of unfair trade practices in the Monopolistic and Restrictive Trade Practices Act, Consumer and Competition Act, the repeal of the Monopolistic and Restrictive Trade Practices Act, various actions taken under the Sachar Committee and the Raghavan Committee, the establishment of the Competition Commission of India (CCI) and the Competition Act, 2002, the justification for the incorporation of unfair trade practices, and more will all be covered in detail in this paper.
Keywords: Unfair Trade Practices, Incorporation, Consumer Welfare, Overlapping Provisions, Consumer Protection
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