Competition is now
universally acknowledged as the best means of ensuring that consumers, even
more so the aam admi or common man have access to the broadest range of
services at the most competitive prices. Producers will have maximum incentive
to innovate, reduce their costs and meet consumer demand.
Competition thus
promotes allocative and productive efficiency. But all this requires healthy
market conditions and governments across the globe are increasingly trying to
remove market imperfections through appropriate regulations to promote
competition.
Competition Act, 2002
follows the philosophy of modern competition laws and aims at foresting
competition and at protecting Indian markets against anti-competitive practices
by enterprises.
Competition laws all
over the world are primarily concerned with the acquisition and/or exercise of
market powers and its abuse. The term market power is variously known as
dominant position, monopoly power and substantial market power.
Competition Act, 2002
prohibits anti-competitive agreements, abuse of dominant position by
enterprises and regulates combinations wherever, such agreements abuse or
combinations cause or is likely to cause, appreciable adverse effect on
competition in markets in India.
With increasing
litigation of the Indian economy and markets with the international economy the
Government acquired a wider perspective on regulation of markets from merely
curbing monopolies to promoting competition. Subsequently, the Competition Act,
2002 was enacted on January 13, 2003.
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