K.SINGH COMPETITION ACT 98181248595 5.14 geographic

market

(e) transport costs; (f) language;

(g) consumer preferences;

(h) need for secure, regular supplies or rapid after-sales services. Factors to be considered To inquire relevant product market

(7) The Commission shall, while determining the "relevant product market", have due regard to all or any of the following factors, namely:—

(a) physical characteristics or end-use of goods; (b) price of goods or service;

(c) consumer preferences;

(d) exclusion of in-house production; (e) existence of specialised producers; (f) classification of industrial products

Q The Competition Commission of India has received a complaint that XYZ company has been abusing its dominant position in the food processing industry. Explain briefly the factors that will be considered by the commission to ascertain whether XYZ company enjoys a dominant position in the industry.

Reference

Reference by statutory authority. Sec.21. Where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority has taken or proposes to take, is or would be, contrary to any of the provisions of this Act, then such statutory authority may make a reference in respect of such issue to the Commission.

On receipt of a reference , the Commission shall give its opinion, within 60 days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefore on the issues referred to in the said opinion.

Reference by Commission Sec.21A

ƒ Where in the course of a proceeding before the Commission an issue is raised by any party that any decision which, the Commission has taken during such proceeding or proposes to take, is or would be contrary to any provision of this Act whose implementation is entrusted to a statutory authority, then the Commission may make a reference in respect of such issue to the statutory authority.

ƒ On receipt of a reference under sub-section (1), the statutory authority shall give its opinion, within sixty days of receipt of such reference, to the Commission which shall consider the opinion of the statutory authority, and thereafter give its findings recording reasons therefore on the issues referred to in the said opinion.

Orders by Commission after inquiry into agreements or abuse of dominant position Sec.27 Where after inquiry the Commission finds that any agreement referred to in section 3 or action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely:—

(a) direct any enterprise, involved in such agreement, or abuse of dominant position, to discontinue and not to re-enter such agreement or

discontinue such abuse of dominant position,

as the case may be; (b) impose such penalty, as it may deem fit which shall be

not more than ten per cent of the average of the turnover for the last three preceding financial years, upon each of such person or enterprises which are parties to such agreements or abuse:

Provided that in case any agreement referred to in section 3 has been entered into by a cartel, the Commission may impose upon each producer, seller, distributor, trader or service provider included in that cartel,

a penalty of up to three times of its profit for each year of the continuance of such agreement or

ten per cent of its turnover for each year of the continuance of such agreement, whichever is higher; (c) direct that the agreements shall stand modified.;

(d) direct the enterprises concerned to abide by such other orders as the Commission may pass and comply with the directions, including payment of costs, if any;

(e) pass such other order or issue such directions as it may deem fit:

Provided that while passing orders under this section, if the Commission comes to a finding, that an enterprise in contravention to section 3 or section 4 of the Act is a member of a group, and other members of such a group are also responsible for, or have contributed to, such a contravention, then it may pass orders, under this section, against such members of the group

Division of enterprise enjoing dominant position. Sec. 28

(1) The Commission may, notwithstanding anything contained in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant position.

(2) In particular, and without prejudice to the generality of the foregoing powers, the order referred to in sub-section (1) may provide for all or any of the following matters, namely:—

♦ the transfer or vesting of property, rights, liabilities or obligations;

♦ the adjustment of contracts either by discharge or reduction of any liability or obligation or otherwise;

♦ the creation, allotment, surrender or cancellation of any shares, stocks or securities;

♦ the formation or winding up of an enterprise or the amendment of the memorandum of association or articles of association or any other instruments regulating the business of any enterprise;

Officer of a company can not claim any compensation

(3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold

N.K.SINGH COMPETITION ACT 98181248595 5.16