Competition Act, 2002 (hereinafter
referred to as the Act) against both the appellants alleging that
the appellants are involved in alleged anti-competitive practices ... while passing an order under Section 26(1) of the
Competition Act, 2002 (hereinafter referred to as the Act of
2002) must express its mind
Madhavi Diwan further submitted that the
Foreign Exchange Management Act is an earlier Act, and
Competition Act has come into force later. Section ... Court of India has held in Samir Agrawal Vs.
Competition Commission of India21 , that Competition Act
operates
Aditya
Bhattacharjea3 contextualises the enactment of 1969 Act
and 2002 Act as under:
"...The MRTP Act was passed in a context of
growing evidence ... buyers. At the same time,
competition law eliminates obstacles to
innovation, expansion and promotes
competition as a value. Competition law tries
to ensure that
Practices Act, 1969 (hereinafter
referred to as the "MRTP Act" for the sake of
convenience) which was subsequently repealed as the
Competition Act ... Act, CCI
directed 2nd respondent under Section 26(1) of the Act
to conduct investigation into the alleged contravention
of the Act by the petitioners
PRIMA FAICE
CASE AGAINST THE PETITIONER FOR VIOLATING THE
COMPETITION ACT, 2002.
THIS PETITION HAVING BEEN RESERVED, THE COURT
PRONOUNCED THE FOLLOWING:
ORDER
The subject ... Competition Act, 2002 (for short 'the Act'), in Case
No.58/2012, by the Competition Commission of India
(for short 'the Commission
Indian Penal Code ( IPC ), the Consumer Protection
Act, 1986 , and the Competition Act, 2002 . I also request ... imposed by
Ashirvad Pipes Private Limited.
2. Abuse of Dominant Position (Competition Act,
2002) Ashirvad Pipes Private Limited, as a dominant
market player, abused
Indian Penal Code ( IPC ), the Consumer Protection
Act, 1986 , and the Competition Act, 2002 . I also request ... imposed by
Ashirvad Pipes Private Limited.
2. Abuse of Dominant Position (Competition Act,
2002) Ashirvad Pipes Private Limited, as a dominant
market player, abused
Court
inter alia was considering whether the Bombay Lotteries
and Prize Competition Act, 1948, is a legislation relatable
to Entry 34, List ... Act as well as in the 1948
Act, as originally enacted, there could be no
doubt that each of the five kinds of prize
competitions
authorized agents is not
inconsistent with Section 33 of the Advocates Act, 1961.
17
80. The legislature in its wisdom has granted permission ... observed that many statutes, such as, Sales Tax, Income
Tax and Competition Act also permit non-advocates to
18
represent the parties before the authorities
Act, 1955 , Central Act 42 of 1955 was adopted by the State of Mysore. The Mysore Act 26 of 1957 dealing with the Prize Competitions ... ground that in view of the Central Act dealing with the prize competitions, the State Legislature had surrendered its rights of legislation in favour