Competition Commission of India-1
Competition Commission of India-1
Competition Commission of India-1
Government after the verdict of Supreme Court in the case of Brahma Dutt vs. Union of India
[AIR 2005 SC 730]where the Court held that for the purpose of regulatory and advisory
functions relating to competition in market, Competition Commission of India be established and
for the purpose of adjudicatory functions, Competition Appellate Tribunal be established.
Constitution
Section 8(1) of the Act provides that the Commission shall consist of a Chairperson and not less
than two and not more than six other members to be appointed by the Central Government. The
members will be handling the administration and Coordination division, Investigation division,
Economic division, Combination division, Anti-trust Division and Legal division.
Section 8(2) of the Act further provides that the Chairperson and other members be a person of
integrity, ability, and standing and who has been or is been qualifies to be a Judge of High Court
or has special knowledge and professional experience of not less than fifteen years in
international trade, economics, law, business, finance, accountancy, industry, public affairs, or in
any other matter which is in the opinion of the Central Government, may be useful to the
commission.
Section 10(1) of the Act provides that the Chairperson and other members shall be whole-time
members and shall hold the office for a time period of 5 years and are eligible for re-
appointment. No member can hold the office after he has attained the age of sixty-five years.
Section 11(1) of the Act provides that the Chairperson or any other Member may resign from his
office, by giving a notice to Central Government. However, the Chairperson cannot relinquish
his office until the expiry of three months from the date of said notice or until the person
appointed as his her successor enters upon his office.
Section 11(2) of the Act provides that the Central Government may remove the Chairperson or
any other member from his office if he –
Section 11(3) says that for the purpose of removal of Chairperson or any other Member due to
reasons as mentioned in clauses d and e, an inquiry will be made by the Supreme Court and only
on its recommendation that he ought to be removed on such ground or grounds, the removal will
take place.
The Competition Act, 2002, after amendment by the Competition (Amendment) Act, 2007,
follows the ideals of modern competition laws. The Act established the Competition
Commission of India (CCI), from 14th October 2003 to achieve the aforementioned objectives.
The Competition Act 2002 prohibits anti-competitive agreements between enterprises, or the
abuse of dominant position by these enterprises. The Act regulates combinations (in form of
acquisition, acquiring of control and M&A), that causes or are most likely to cause, any
appreciable adverse effect on the competition level within Indian economy.
The term of office of all the members of CCI is 5 years or till the attainment of age pf 65
years(whichever is early). The members are eligible for re-appointment.
The Chairperson and other members of CCI cannot hold any further employment for a period of
two years from the date they cease to hold office in the Commission. But this restriction does not
applies to any employment in the Union and State Government authority.
To promote and then sustain an enabling competition culture through engagement and
enforcement which would inspire businesses to be fair, competitive and innovative.
To enhance the consumer welfare
To support economic growth.
The Competition Commission of India aims to establish a robust competitive
environment through proactive engagement with all the stakeholders including the
consumers, industry, government as well as international jurisdictions.
It is the duty of the CCI to eliminate such practices that have adverse effect on
competition.
It is mandated to promote and sustain competition while protecting the interests of
consumers.
CCI ensures freedom of trade in the Indian market.
The Commission also gives opinion on competition issues when asked by a statutory
authority which is established under law.
It is also required to undertake competition advocacy.
The CCI also creates public awareness and imparts training on competition issues.
Additionally, an appellate body called ‘Competition Appellate Tribunal‘ was also set
up based on the Amendment Act of 2009, which allows for final appeal to Supreme Court
of India.
CCI is therefore, fully empowered to carry out the mandated functions.
The tribunal is established by the Central Government to hear, and dispose of appeals
against orders and directions passed by the Competition Commission of India.
The Competition Appellate Tribunal adjudicates on claims for compensation that may
have arisen from the findings of the Competition Commission of India.
The provisions of the Tribunal allow for a final appeal to the Supreme Court of India if the
aggrieved parties are not satisfied with the adjudications of the tribunal.