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ARTICLE · 25 FEBRUARY 2013

Proposed Amendments In The Competition Act: A Positive Step Forward?

The Competition Commission of India is an active regulatory body and, in a short span, has made its presence felt across a wide spectrum of industry.

IndiaAntitrust/Competition Law

Introduction

The Competition Commission of India ("CCI") is an active regulatory body and, in a short span, has made its presence felt across a wide spectrum of industry. The substantive provisions of the Competition Act, 2002 ("Act") pertaining to "anti-competitive agreements"1 and "abuse of dominant position"2 were implemented in 2009, while merger control became effective from June 01, 2011. In the recent years, the CCI has analyzed and ruled on various provisions of the Act in several orders, and, in the process, highlighted the lacunae where the Act could possibly be amended.

On December 10, 2012, the Indian government introduced the Competition (Amendment) Bill ("Bill") in the parliament. This Bill aims to modify certain provisions of the Act, as well as insert some new provisions, to meet the evolving needs of industry. The Bill still has to be debated and passed by two houses of the parliament before it becomes law. The present newsletter analyses some of

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