Guest Lecture in SOLS by Mr. Anil, Deputy Director, Competition Commission of India – 2nd November 2018
2nd November 2018
K.R. Mangalam University, Sohna Road, Gurgaon
School of Legal Studies, K. R. Mangalam University organized a guest lecture on ‘Overview and Issues of Competition Act, 2002’ on 2nd November 2018 delivered by Mr. Anil, Deputy Director, Competition Commission of India. The lecture was attended by 3rd– 5th Year students BBA/BA/B.Com LLB (H) and 2nd and 3rd students of LLB (H).
Mr. Anil referred to the evolution of Competition Act, 2002 and dealt with the reasons for repeal of MRTP Act, 1969 like the unnecessary intervention of government which hindered the growth of competition, absence of important concepts like the competition advocacy, predatory pricing, cartel formation, price fixing, etc. He discussed the concept of anti-competitive agreements by referring to horizontal and vertical agreements and explained as to how these agreements can have appreciable adverse effect on Competition. Quoting examples of various cases like the cement cartel case, bid rigging in railways, market sharing, price fixing in terms of medicines etc. in horizontal agreements and refusal to deal, tie in arrangements, etc. in vertical agreements, he differentiated between the two kinds of agreements. Dealing with abuse of dominant position under Section 4 of the Act, Mr. Anil discussed about the relevant geographic market under Section 19(6) and relevant product market under Section 19(7) of the Act.
The other important concept of Combination under Section 5 of the Act was explained as to when combinations are allowed and when a particular combination will prove good for economy. Also, how combinations are regulated under Section 6 of the Act was discussed.
Another concept of lesser penalty clause was described which gives the Competition Commission of India the power to impose lesser penalties on an entity that: (a) makes a ‘vital disclosure’ by submitting evidence of a cartel; or, (b) in the case of subsequent leniency applicants, provides ‘significant added value’ to the evidence already in possession of the CCI.
The session concluded with a question answer round where students raised and discussed issues arising under the Act. The lecture was highly educational and informative for the students.
A few glimpses of the event: