By S M DUGAR

The present NEW THOROUGHLY REVISED EDITION 2006 contains exhaustive notes, comments and case-law references (Indian and Foreign) decided by the Supreme Court of India and various High Courts in the country on the MRTP Act, Competition Act & Consumer Protection Act. Anti-competitive and Consumer Protection laws have to play an important role in maintaining the competitiveness in the Indian Markets and generation of best products at the lowest prices to provide benefits to consumers. The Competition Commission is meant to curtail anti-competitive agreements, abuse of dominance and anti-competitive mergers. The Redressal Authorities, set-up under the Consumer Protection Act, enforce Consumer Protection law to prevent deception and unfair marketing practices, which hurt to the Public at large, as consumers of goods and services. Thus, these two regulatory authorities ensure that nation’s markets are vigorous, vibrant, efficient, and free from restrictions that harm trade and industry as also the consumers. This has, indeed, become a task of prime importance in the context of present day global markets, high-technology innovations and the fast changing economic land scape.

The pre-merger notification programme under the Competition Act is an important element of the anti-competitive mission persued by the Competition Commission, Mergers and Joint Ventures (for convenience sake “mergers”) can generate efficiencies and most mergers are either pro-competitive or competitively neutral. But, mergers that are anti-competitive, however, can lead to rise in Consumer prices of magnitude at unpredictable intervals. Such questionable mergers might also significantly diminish product quality and output as also consumer choice and innovation. To distinguish between mergers that threaten free markets and those likely to promote them, sophisticated economic analysis and through factual investigations are necessary. The fact that the ongoing globalization of the economy, which has significant impact on maintaining competition within the country and continued growth of commerce beyond National boundaries has been duly recognised in the regulatory provisions contained in section 5 of the Competition Act.

With the repeal of the Monopolies and Restrictive Trade Practices Act, 1969 (subject to the enforcement of the Competition Act,) the mandate for the protection of consumers against unfair and restrictive trade practices primarily vests with Redressal Authorities established under the Consumer Protection Act. To facilitate their task, the definitions of ‘Unfair Trade Practice’ and \\\'Restrictive Trade Practice’, have been suitably revised. Anti-competitive agreements (hitherto referred to as Restrictive Trade Practices under the erstwhile MRTP Act) and abuse of Dominance (hitherto referred as Monopolistic Trade Practice under the erstwhile MRTP Act), fall under the domain of competition commission under the Competition Act.

Published Year: 2006 Format: n/a ISBN: INCL6 Publisher: Lexis Nexis Butterworths Wadhwa Nagpur No of Pages: 2700 Our Price: India. Rs. 2,990.00 Reviews: 0 reivew(s).

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