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Competition panel to probe cases on merit

July 24, 2003 11:08 IST
By BS Economy Bureau in New Delhi

The Competition Commission of India will not consider the size of company as a criterion for deciding on cases involving violation of competition rules.

According to Vinod K Dhall, Member (Administration) of the CCI, even a small concern can enjoy monopoly power.

"Also, competition will not be harmed even if there are a few large companies in a market with no entry restrictions," he said.

The CCI might, however, consult advisory committees to decide on cases that merit the commission's attention, Dhall added.

Dhall said the CCI would start looking into cases in a phased manner. It would start with competition advocacy this year.

In the next two years it would start looking at cases relating to anti-competitive agreements and the regulation of mergers among enterprises, he added.

"The aim is to adopt a logical approach by creating awareness at initial stages through competition advocacy, and then go on to investigate specific cases," Dhall said.

The commission would soon hold meetings with representatives from the various industry chambers, the Institute of Chartered Accountants of India, the Institute of Company Secretaries of India, the media as well as legal and academic experts.

During these interactions it will collect suggestions on how to spread awareness about the purpose and functions of CCI.

Seminars, lectures, discussions and media campaigns had been planned to help the commission get over the first phase as soon as possible, Dhall said.

A website to address all doubts or queries about the workings of the commission would also be set up, he added.

The commission, to be headed by Commerce Secretary Dipak Chatterjee, needs to have nine more members who will be inducted in due course of time.

The commission would function through various benches constituted by its members, Dhall said.

The Competition Act, 2002, states that a bench should comprise the chairperson and at least two members. The bench would compulsorily have a member qualified to be a high court judge.

The commission will look at three main kind of offences: anti-competitive practices, including the formation of cartels and bid rigging; predatory pricing or erecting entry barriers; and the formation of entities which will endanger the competitive environment of the country.

Dhall said the commission was at an incipient stage and the outlining of specific functions of each member and the appointment of members would take some time.

BS Economy Bureau in New Delhi

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