Over the past two decades, the Indian legal system has reshaped the Competition law to create healthy competition in the market and regulate different sectors to protect the businesses from monopolization, cartelization, bid-rigging, abuse of dominant position, Infringement of Intellectual property rights, etc. By setting up the quasi-judicial body, Competition Commission of India (CCI) to enforce the Competition Act 2002, which replaced the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP)
As a Competition Law Firm in India KSK team has expertly been handling Competition and Antitrust cases through services like
To ensure an equitable marketplace and sustenance of businesses for the long run without the fear of ugly competition, the KSK team ensures that any potential legal issues can be averted for the benefit of the clients. Having clients from different sectors, especially start-ups, it is imminent to pay attention to any movement in the market which may cause damage to the business. Fairtrade is an important concept in this new age of economy, therefore its protection is necessary.
As per the Act, any agreement which limits the production or supply, allocates markets, fixes prices, causes bid-rigging or tie-in arrangements, or any other such agreement which may have an adverse effect on the competition is anti-competitive. These agreements are void and prohibited under the purview of competition law.
When a firm creates unfair competition by the means of the imposition of unfair conditions, creating entry barriers, limiting the market capacity, or unfairly using a dominant position to enter another market, these manipulations based on position constitute an abuse of the dominant position.
The CCI was formed to regulate competition in the market by eliminating practices having an adverse effect and any anti-competitive activity, protecting the interests of the consumers as well as new businesses to achieve freedom of trade.
After such a complaint is filed before the Secretary of commission, the CCI judges prima facie presence of claims within 15 days. If such a case is found, CCI then provides an opinion within 60 days and, moving forward may seek evidence but it is a discretionary power.