Law: Competition Act, 2010

Section: 3to11

(a) Competition Act (XIX of 2010)---Chap. II [Ss. 3 to 11]---Prohibition of abuse of dominant position, certain agreements, deceptive marketing practices and approval of mergers---Scope---Competition law revolves around the rectification of anti-competitive practices, one of the underlying principles therein remains that of providing adequate protection to consumers in other words, consumer protection forms a backdrop in the conduct of all proceedings before the Commission. (b) Competition Act (XIX of 2010)---S. 10---Deceptive marketing practices---Scope---While deliberating upon issues falling within the purview of S. 10 of the Competition Act, 2010, due heed must be paid to each and every aspect of the advertisement while determining its ability to deceive---Failure to fully comply (100%) with the directions of the Commission would allow the persistence of anti-competitive behavior in violation of the Competition Act, 2010 and the Commission’s directions (if any), therefore, because the directions of the Commission are based on a holistic conclusion/ solution (comprising of various aspects), partial compliance (irrespective of the particular percentage) will be inadequate. (c) Competition Act (XIX of 2010)---S. 38--- Penalty--- Opportunity of hearing--- Scope--- Section 38 subsection 1(b) of the Competition Act, 2010 provides that an undertaking can be penalized, after the undertaking concerned has been given an opportunity of being heard, if it is determined that the undertaking has failed to comply with an order of the Commission made under the Competition Act, 2010. (d) Competition Act (XIX of 2010)---S. 38--- Penalty--- Scope--- Mandate of the Commission is to encourage compliance and promote competition culture within the region---Such is only possible when undertakings comply with the orders given by the Commission in matters where violation of the Act have taken place. (e) Words and phrases--- “Study”---Meaning---Scope---Research, examination, identification of aspects or factors of an event or activity. Black Laws Dictionary rel. ORDER: This Order shall dispose of proceedings initiated vide Show Cause Notices Nos. 15/2014 to 25/2014 dated October 3,…

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