The competition act, 2002 act was enacted to protect and promote. The provisions relating to abuse of dominant position require determination of. Sep 19, 20 competition commission has competition advocacy role 10. The competition act of 2002 was passed by the parliament of india so as to form a commission to oversee the business operations of companies and individuals in the country following fair practices of competition and economic growth of the country. To provide consumers with competitive prices and product choices. Act, 2000 the semiconductor integrated circuits layoutdesign act, 2000. It shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. Curtail abuse of dominance, iii promote and sustain competition in market, iii. Competition law is implemented through public and private enforcement.
Interpretation in this act, unless the context otherwise requires. Carried out by means of electronic data interchange, and other means of electronic communication, commonly referred to as electronic commerce to facilitate electronic filing of documents with government agencies and epayments to amend the indian penal code, indian evidence act. The different social objectives of competition law can be studied under the following heads. Competition law is a law that promotes or seeks to maintain market competition by regulating anticompetitive conduct by companies. The main objective of the act is to promote fair practices and act as a forum for grievances and conflicts regarding the state of competition and economic cooperation among companies operating in india. The act prohibits anticompetitive agreements, abuse of dominant position by enterprises and regulates combinations acquisition, acquiring of control and merger and acquisition, which causes or likely to cause an appreciable adverse effect on competition within india. The objectives of the act are sought to be achieved through the competition.
The purpose of the competition act of 1998 is to promote and maintain competition in south africa to achieve the following objectives. Emergence and applicability of competition act, 2002 in. To promote the efficiency, adaptability and development of the economy. Paged competition act no12 of 2010 kenya law reports. In eu accession include the utmost importance of competition law a harmonization,stabilization and association agreement, importance of implementation, practice, administrative capacity, application of european law before accession art 74 croatian competition act. Without fair competition, society would not get the best products and prices. Individuals related to areas such as literature, music, invention, etc. Competition act, 2002 has essentially four compartments. The objectives of competition law cassey lee institute of southeast asian studies, singapore august 2015 abstract.
Main provisions of competition act 2002 business education. Competitive adherence with intellectual property law lexology. The overview of competition regime in india the competition mechanism, its establishment, functioning and its efficacy introduction how the competition law beneficial to the indian economy objectives of the act competition policy and competition law consumer interest and public interest. The communication deals with ecommerce in the backdrop of information technology act, 2000. The competition act, 2003 provides for the setting up of a competition commission of india cci with a view to. The act seeks to provide the legal framework and tools to ensure competition policies are met and to prevent anti. Informationtechnologyact2000anoverview authorstream. To grant legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication commonly referred to as electronic commerce in place of paper based methods of communication. Definitions section 2 computer means electronic, magnetic, optical or other highspeed date processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage. 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. Informationtechnology act 2000 anoverview authorstream presentation. Such agreements namely tie in arrangements, exclusive. Objectives of the it actto provide legal recognition for transactions. In terms of competition law and consumer protection, the objective of the act was to.
It extends to set up of a commission to prevent any adverse effects or ill practices on the competition and hence intends to promote and sustain competition in the market to protect the interests of consumers and ensure freedom. The cci on this issue found that software applications such as now and odin. That the economy must be open to greater ownership by a greater number of south africans. Pdf the objectives of competition law researchgate. Under the rule of the competition act 1998 businesses may not. Finnish competition authority ministry of employment and the economy competition act no 9482011 chapter 1 general provisions section 1 purpose of act 1 the purpose of this act is the protection of sound and effective economic competition from harmful restrictive practices. Improve your skills take vskills mcqs test in competition act and enrich your profile. Bangladeshs perspective mumtaz hassan khaleque bangladesh enterprise institute competition policy, dominant firms monopolies, mergers, antitrust consumer concerns and matters like that may, on the face of it, appear to be of somewhat distant interest in the present context of bangladesh. Jun 24, 2014 the government of india enacted its information technology act 2000 with the objectives stating officially as. Competition law is known as antitrust law in the united states for historical reasons, and as antimonopoly law in china and russia.
We provide all south africans equal opportunity to participate fairly in the national economy. Act to provide for the establishment of a competition commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers. Intellectual property rights are the legal rights that cover the privileges given to individuals who are the owners and inventors of a work, and have created something with their intellectual creativity. Unfair trade practices omitted consumer fora will deal with them distinction contd. Features of competition act, 2002 the focus of the new law is towards the following areas affecting competition namely. Act and the competition act in so far as antiabuse provisions are concerned. Review of intellectual property legislation under the. Short title this act may be cited as the competition act, 2010. The competition act 2002 was provisioned to provide a healthy economic development environment in the indian market. Competition authority and the competition tribunal, and for connected purposes l. Terminals along with the software development kits sdks which enabled the pos. The social objectives of competition law are very wide in scope and dimension. It can be a rgued that i t is important to state the objectives of competition law as these objectives often exert influenc e on how the law is to be interpreted and enfor ced kaplow, 2014.
Competition law visavis ipr rights legal service india. Automating work to reduce cost and improve efficiency and productivity. Prevent practices having adverse effects on competition, advertisements. Identifying the operation of the act as a benefit or a burden for government agencies, even in a particular instance, may not be straightforward. The act establishes a commission which is duty bound to protect the interests of free and fair competition including the process of competition, and as a consequence, protect the interests of consumers. Competition act, 2002 bare acts law library advocatekhoj. Further the competition act, 2002 does not restrict any. How to regulate combinations under competition act 2002. Prohibition of certain agreements, which are considered to be anticompetitive in nature. Thus the competition act 2002, is an attempt to regulate the markets, the marketing and also to promote fairness in the competition where the pricing would not be deceptive as is if i may say the chinese policy, which our government and more so citizens needs to extremely careful about. Prevention of abuse of dominant market position, and.
This essay examines the nature of competition law objectives by visiting some of the theoretical and philosophical foundations underlying competition law. Getting things working together to reduce risk and improve things such as customer experience. Essay on the competition act, 2002 economics discussion. Patents act 1970 and the competition act 2000 both recognise and. An ebook reader can be a software application for use on a computer. Hey roshni, following are the objectives of the information technology act. Consumers should pay a fair price for the right product. Granting legal recognition to all transactions done through electronic data exchange, other means of electronic communication or ecommerce in place of the earlier paperbased communication. Aug 27, 2017 information technology objectives are technology targets that contribute to business goals. To provide for the establishment of a competition commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and. The competition act, 2002 endeavors to shift the focus from restricting monopolies to promoting fair competition, so that the indian market is equipped to compete with market wordwide. Laws on copyright of software intellectual property rights updates. The objectives of competition law are often discussed together with that of competition. The prime area of focus of such objectives is to safeguard the public interest and welfare.
Antitrust laws aim to foster competition in the market by preventing abuse. This article how to regulate combinations under competition act 2002 is written by ishita mehta. Pt mulia industries, 2000 ctj 252 mrtpc, union of india v. Objectives the broad objectives of the competition act, as laid down. That credible competition law, and effective structures to administer that law are necessary for an efficient. Information technology act, 2000 as discussed in the first chapter, the government of india enacted the information technology i. The bill received the assent of the president in august 2000 and came to be known as the information technology act, 2000. Williams, mark1994, the effectiveness of proposed antitrust programs for. It act 2000, information technology act 2000, bare act. Understanding prohibition of certain agreements under the. All india services act, 1951 delimitation act enemy property act, 1968 information technology act, 2000 nuclear liability act official secrets act. The key objectives of competition law are welfare, efficiency, and free and fair. The main legislation governing competition in india is the competition act,2002 which repealed the monopolies and restrictive trade practices mrtp act, 1969.
Licensing of ip rights and competition law note by. The proposed law provides for a competition fund, which shall be utilised for promotion of competition advocacy, creating awareness about competition issues and training in accordance with the rules that may be prescribed. The object of competition act is to promote fair competition in the market, to protect consumers, firms from each others and the interest of the society. In this essay we will discuss about the competition act and commission. The competition act, 2002 was amended by the competition amendment act, 2007 and again by the competition amendment act, 2009. Detailed answer for question objectives of the competition act, 2002 as amended, the act. Under the competition act 2002, the regulation of combinations means the acquisition of one or more enterprises in the market by one or more person through a merger or amalgamation of enterprises where. Provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. Dec 19, 2014 the government of india enacted its information technology act, 2000 with the objectives stating officially as. The interplay between patents and anticompetitive practices iam. Full text containing the act, competition act, 2002, with all the sections, schedules, short title, enactment date, and footnotes.
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