Activity Status Report.docx

ACTIVITY STATUS REPORT Submitted by : Anirudh Kaushal (41210303815)

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VISIT TO COMPETION COMISSION OF INDIA

 SUGGEST AMENDMENTS The CCI is a young body, compared to the decades and century of its global counterparts. But it is key to regulating a consumer-led market such as India. Since its inception, it has gained focus and commanded attention globally. So much so, that the next annual International Competition Network (ICN) Conference is scheduled in India for May 2018. CCI, entrusted with eliminating prohibited practices, is a body corporate and independent entity possessing a common seal with the power to enter into contracts and to sue in its name. It is to consist of a chairperson, who is to be assisted by a minimum of two, and a maximum of ten, other members. Acts taking place outside India CCI has the power to enquire into unfair agreements or abuse of dominant position or combinations taking place outside India but having adverse effect on competition in India, provided that any of the below mentioned circumstances exists:  An agreement has been executed outside India  Any contracting party resides outside India  Any enterprise abusing dominant position is outside India  A combination has been established outside India  A party to a combination is located abroad.  Any other matter or practice or action arising out of such agreement or dominant position or combination is outside India.

To deal with cross border issues, CCI is empowered to enter into any Memorandum of Understanding or arrangement with any foreign agency of any foreign country with the prior approval of Central Government. Benches For the execution of duties, the Act contemplates the exercise of the jurisdiction, powers and authority of CCI by number of Benches. If necessary, a Bench would be constituted by the chairperson of at least two members; it being mandated that at least one member of each Bench would be a "Judicial Member". The Bench over which the chairperson presides is to be known as the Principal Bench and the other Benches known as Additional Benches. However, the Act further empowers the chairperson to further constitute one or more Benches known as Mergers Benches exclusively to deal with combination and the regulation of combinations.

SOURCES  Economic times  The Competition Act, 2002  THE HINDU  Mondaq

JUDGEMENTS  Judgment in CCI vs. SAIL  CCI,Jio vs Bharti Airtel PROBLEMS CAUGHT IN A VICIOUS CYCLE In most cases, matters are stuck not on merit, but simply rejected as the process and presentation of the case has been found wanting in trial courts. The CCI is thus caught in a vicious cycle, in which its purpose and relevance is beginning to be questioned both from within and without.

CREAKY APPARATUS As was visible In the case against the Board of Control for Cricket in India (BCCI), the commission did not allow BCCI to refute all the facts and charges it later presented in court, when its penalty was challenged.

In penalties imposed on Coal India and the All India Organization o f Chemi st s and Druggists, the CCI member who signed off the penalty hadn't been present at the hearings when organisations were defending their stance before the commission

Real estate sector The DLF case presents an interesting example of how the lines between competition and consumer law are often blurred. The CCI held that DLF’s real estate malpractices distorted competition in the market for high end residential apartments in Gurgaon - a narrow geographic coverage of a satellite town in the National Capital Region of Delhi. The CCI held that such practices reduced the ease of moving between services or offerings. It therefore suggested that for those consumers who had exercised an option to purchase an apartment from DLF, the incremental cost of switching to another real estate developer and absence of adequate information to the consumer to understand the value and cost of his investment, distorted competition for other real estate players.

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