Competition act latest amendments

Aug 9, 2023The amendments aim to strengthen competition regulation, streamline operations, and foster a business-friendly environment. One of the most 

Appeals

The Bill requires a mandatory deposit of 25% of the penalty forfiling an appeal with the Appellate Tribunal.

CCI to Issue Guidelines

The Bill proposes that the CCI may publish non-bindingguidelines with respect to the various provisions of theCompetition Act (or the rules and regulations made thereunder)either on a request made by a person, or on its own motion.
The CCI will also publish guidelines on the appropriate amountof any penalty for contravention of provisions of the Co.

Definition of The ‘Relevant Productmarket'

The CCI carries out its competition assessment within theframework of a ‘relevant market', which comprises of a‘relevant product market' and a ‘relevantgeographic market'.
The Bill proposes to amend the definition of the ‘relevantproduct market' to include ‘supply-sidesubstitutability' (in addition to ‘consumer-sidesubstitutability').
The amended d.

Definition of ‘Control'

The Competition Act currently does not include a qualitativetest for ‘control' and defines the term‘control' as including “controlling theaffairs or management by— (i) one or more enterprises, eitherjointly or singly, over another enterprise or group; (ii) one ormore groups, either jointly or singly, over another group orenterprise.” In certain of .

Exchange of Information Between Departments of Government andthe CCI

The Bill provides that the CCI may, for the purpose ofdischarging its duties or performing its functions under theCompetition Act, enter into a memorandum or arrangement with anystatutory authority or a department of the Government.
This amendment may enable the CCI to exchange informationregarding investigations or combinations with other statutor.

Introduction of ‘Deal Value Thresholds'

The Bill introduces ‘deal value thresholds',pursuant to which transactions of a value exceeding INR 2,000 crorewill require the prior approval of the CCI, provided that theparties to such transaction have “substantial businessoperations in India” (“Deal ValueThresholds”).
The term ‘value of transaction' is statedto include “every valuable considera.

Introduction of ‘Settlement' And‘Commitment'

The Bill proposes that enterprises facing investigationsrelating to (i) anti-competitive vertical agreements under Section3(4) of the Competition Act, or (ii) abuse of dominant positionunder Section 4 of the Competition Act, may settle such proceedingsor offer commitment(s) to the CCI in the following manner:.
1) Settlement: an application for‘settl.

Other Changes Relating to Anti-Competitive Agreements andAbuse of Dominance

Timelines for filing a complaint with theCCI Currently, the Competition Act does not prescribe a timeline forfiling a complaint with the CCI.
The Bill proposes that complaints shall be required to be filedwithin three (3) years from the date on which the cause of actionhas arisen.
A delay in filing a complaint or a reference may becondoned: (i) if .

Shortened timelines For Review of Combinations

The Bill proposes a shortening of the timelines for review ofcombinations by the CCI: 1. the time period within which the CCI is required to form itsprima facie opinion on a combination has been reduced from30 working days to 20 days; and 2. the maximum period for review of combinations by the CCI hasbeen shortened from 210 days to 150 days.
Howeve.

What does the competition act entail?

The Bill proposes to clarify that a party may call upon experts from the fields of economics, commerce, international trade or from any other discipline to provide an expert opinion in connection with any matter related to a case.
Currently, the Competition Act does not prescribe a timeline for filing a complaint with the CCI.

What is new in Indian competition law?

The Bill introduces certain new concepts into the field of Indian competition law, including:

  • Deal Value Thresholds
  • the changes to the definition of ‘control'
  • and mechanisms to settle certain violations of the Competition Act.
  • What is the Amendment Act?

    The Amendment Act proposes significant amendments to the Competition Act, 2002 (“ Act ”).

    What is the Competition (Amendment) Bill 2022?

    The Competition (Amendment) Bill, 2022, was introduced after reviewing the recommendations proposed by the Competition Law Review Committee.

    Competition act latest amendments
    Competition act latest amendments

    Act of 2013 which enabled food security

    The National Food Security Act 2013, also known as Right to Food Act, is an Indian Act of Parliament which aims to provide subsidized food grains to approximately two thirds of the country's 1.4 billion people.
    It was signed into law on 12 September 2013, retroactive to 5 July 2013.

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