No.5/23/2000-IGC
Government of India
Ministry of Law, Justice & Company Affairs
Department of Company Affairs
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INTERNET CIRCULAR
Subject: Draft Concept Bill of the proposed Competition Law -- Invitation of comments/ suggestions.
This Department is in the process of drafting a new law, to be called the Competition Act, with the aim of fostering and sustaining competition in the Indian market.
2. A Draft Concept Bill of the proposed Competition Law as recommended by the High-Level Committee on Competition Policy & Law has been prepared and can be opened by opening the following documents
Arrangement of Clauses (You can access the Draft Concept Bill by
Chapter No. or Clause No.)
Draft Concept Bill on Competition Law (You can access the whole Text of the
Draft Concept Bill )
You may access the Report of the Committee also on this web-site.
4. The Central Government is yet to take a final view in the matter. The Draft Concept Bill has been exhibited at this web-site with the aim that you may go through it and send your comments and suggestions to this Department either by e-mail or otherwise at the following address latest by 20.11.2000.
5. This will help this Department give a final shape to the Bill after incorporating useful suggestions made in response to their announcement.
Your comments are welcome at:
Shri GP Prabhu,
Joint Secretary to the Government of India
Ministry of Law, Justice & Company Affairs
Department of Company Affairs
5th Floor, A-wing, Shastri Bhawan,
New Delhi-110 001.
Ph: 011- 338 4380
Fax: 011 – 338 9088
e-mail: gpprabhu@sb.nic.in
Dr. P.L. Sanjeev Reddy
Secretary to the Government of India
New Delhi-110 001
Dated: 13.11.2000
QUERIES ON DRAFT CONCEPT BILL ON COMPETITION LAW
Comments to be sent by e-mail wrt the Draft Concept Bill on Competition Law exhibited at the website of the Department of Company Affairs www.nic.in/dca
| 1 | Definitional clauses:
(a) Do you agree with the definitional Clauses in general? |
Yes/No |
|
(b) In particular, do you agree with the definitions of "consumer:, "enterprise" and "services"? (In case you disagree, state why and give your reformulation) |
Yes/No | |
| (c) Should "Service" include professional services? | Yes/No | |
| 2. | Clause 3 provides for exemptions. Is this value necessary? | Yes/No |
| 1 | Clause 4(3) lists 4 horizontal
agreements/practices as per se
anti-competitive. Do you support this? |
Yes/No |
| 2. | Clause 5(4) lists 5 practices as per se abuse
of dominance.
Do you support this? |
Yes/No |
| 3. | In the context of Globalisation and the need for India to be a global player, is "Combination" (mergers etc.) control necessary (Chapter 4) | Yes/No |
| 4. | If answer to Q. 5 is in the affirmative,
(a) Do you agree that the threshold criteria should include "assets" criterion? |
Yes/No |
| (b) Do you agree with the suggested threshold levels in Clauses 7(2) and 7(3)? | Yes/No | |
| 5. | Do you think that the 90 working days
stipulation (for deemed
Approval) in Clause 27(8) practival? [please see Clause 27(9) also]. |
Yes/No |
| 6. | (a) Are you supportive of the Collegium
approach for the selection
of Chairperson and Members of the Competition Commission of India (CCI) [Clause 10]? |
Yes/No |
| (b) Do you agree with the composition of the Collegium? | Yes/No | |
| 7. | Do you agree that the Chairperson of the CCI may be an eminent person from any discipline listed in Clause 9(2) and not necessarily from the Judiciary? | Yes/No |
| 8. | Clause 19(1) provides for reference to CCI by
Regulatory
Authority. Give views? |
Yes/No |
| 9. | Do you agree that the Director General should
have no suo motu
powers to initiate investigation but require a direction from the CCI |
Yes/No |
| 10. | The CCI has extra-territorial
jurisdiction (Clause 29) to deal
with anti-competitive practices, abuse of dominance and combinations that may have an appreciable effect on competition in India. Do you agree? |
Yes/No |
| 11. | Do you agree with the transitional
and other arrangements
outlined in Clause 56? |
Yes/No |
| 12. | Competition Law will over ride any
other Law inconsistent
with it . Is this desirable? |
Yes/No |
| 13. | General remarks:
Please offer briefly you remarks on the structure and design of the Competition Law and suggestions, if any. Additional comments may be given for each item if desired. |
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