Competition Commission Of India
The Central Government may appoint a Competition Commission Of India by notification in official Gazette for purpose of this Act. The Commission shall be a body corporate, having perpetual succession and also a common seal with power. It may also acquire, hold and dispose of property, both movable and also immovable, and also enter into contract. The head office of the Commission shall be at such place as the Central Government may decide from time to time. The Commission may also establish offices at other places in India.
The Competition Commission of India (CCI) established by central government to achieve objective of the Act. It came into force from 14th October 2003. Competition Commission India consists of a Chairperson and 6 Members appointed by the Central Government.
Competition Commission Of India, Official site, Retrieved on 25th December, 2017
It is the duty of the Commission to prohibit practices having adverse effect on competition, promote and also sustain competition. It shall also protect the interests of consumers and ensure freedom of trade in the markets of India. The Commission required to give opinion on competition issues and also to undertake competition advocacy, create public awareness and impart training on competition issues.
ROLE OF THE COMMISSION (PREAMBLE)
Following are the roles of the competition Commission of India :
- Prevent practices having adverse effect on competition
- Promote and sustain competition in market
- Protect the interests of consumers and,
- Ensure freedom of trade carried on by other participants in markets, in India.
MAIN PROVISIONS OF THE ACT
Following are the main provisions of the competition Act :
- Prohibition of anti-competitive agreements (S 3)
- Prohibit abuse of dominant position (S 4)
- Regulate combinations (S 5 & 6)
- Competition advocacy (S 49)
Duties and powers of Competition Commission
Following are the duties and powers of commission:
- Shall prohibit unfair practices, having adverse effects on competition in Indian markets.
- Protect the interests of consumers and ensure freedom of trade in markets in India.
- Has power to make inquires regarding certain agreements.
- Power to inquire any act outside India, which effect competition in India.
- Power to inquire in any case of agreement and also pass order, which effects competition in India.
- Impose penalties on enterprises or on persons which shall not be > 10% of turnover of enterprise or person in case of any offence as provided under this act.
- Determine the “relevant product market”
- Advise central government for division of a dominant enterprise to ensure that it does not abuse its position.
- Power equivalent to civil court while discharging its functions.
- Determine whether a market constitutes a “relevant market” for the purposes of this Act.
Any person or enterprise can appeal to Supreme Court against order of CCI within 60 days from date of order. If both parties consented, appeal is not allowed.No Civil court can exercise jurisdiction on any matter under this act or any matter on which CCI is empowered to exercise jurisdiction.
Constitution of Competition Commission of India
1. The Commission shall consist of a Chairperson and also minimum two and maximum six Members appointed by the Central Government.
2.The Chairperson and other Member shall be a person of ability, integrity and standing. They shall also have special knowledge of, professional experience of not less than fifteen years in, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters, including competition law and policy, which in the opinion of the Central Government, may be useful to the Commission.
3. The Chairperson and other Members shall be whole-time Members.
4. The central government may appoint Chairman and also other members as recommended by the selection committee.
5. Selection committee consist of:
- The Chief Justice of India or his nominee as Chairperson
- The Secretary in the Ministry of Corporate Affairs as member
- The Secretary in the Ministry of Law and Justice as member
- two experts with special knowledge of, and professional experience in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters including – competition law and policy as members.
Term of office of Chairperson and other Members
1. The Chairperson and every other Member shall hold office for a term of five years from the date his appointment and shall also be eligible for re-appointment. They shall not hold office after attainment of Sixty-five years of age.
2. A vacancy caused by the resignation or removal of the Chairperson or any other Member under section 11 or by death or otherwise shall be filled by fresh appointment in accordance with the provisions of sections 8 and 9.
3. The Chairperson and other Members shall, before entering upon his office, make and subscribe to an oath of office and of secrecy.
4. In the event of vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the senior
most Member shall act as the Chairperson. Until, new Chairperson appointed in accordance with the provisions of this Act.
5. When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member shall
discharge the functions of the Chairperson until the date on which the Chairperson resumes the charge of his functions