Tag Archives: India

Competition Law and the Role of Competition Lawyers

images (3)Competition law is a branch of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. This field of law is designed to promote free and fair competition. ‘Competition’ in simple terms means the activity or condition of striving to gain or win something by defeating or establishing superiority over others. ‘Competition’ is typically referred to a situation in the market in which firms or sellers independently strive for the buyers’ patronage in order to achieve a particular business objective. The companies and firms must refrain themselves from anti-competitive business practices. The advantages of a perfect are three fold: allocative efficiency, which ensures the effective allocation of resources, productive efficiency, which ensures that costs of production are kept at a minimum and dynamic efficiency, which promotes innovative practices.

Competition Law in India

The history of competition law in India dates back to the 1960s when the first competition law, namely the Monopolies and Restrictive Trade Practices Act (MRTP) was enacted in 1969. But after the economic reforms in 1991, this legislation was found to be obsolete in view of international economic developments and in many other aspects and as a result, a new law in the form of the Competition Act, 2002 was enacted in 2003. The Competition Commission of India is the quasi judicial body established for enforcing provisions of this Act throughout India and to prevent activities that have an adverse effect on competition in India.

The various objectives of the Competition Act are:

1. To prevent practices having adverse effect on competition;

2. To promote and sustain competition in markets;

3. To protect the interests of consumers; and

4. To ensure freedom of trade carried on by other participants in markets, in India.

Role of Competition lawyers

The competition lawyers generally act on behalf of large international companies, as these organizations have the greatest ability to affect competition in the market. They also advise new entrants in the market, for example, where their access to the market may be blocked by competitors. The role of these lawyers is to respond to investigations by competition authorities, to handle court proceedings and to advice on day-to-day trading and compliance issues. They also defend companies accused of price fixing in secret cartels. The role of the competition lawyer is to use advocacy and economic evidence to show that the merger will not reduce competition. The other job duties include:

1. Merger control advice and filings;

2. Abuse of dominance investigations;

3. Cartel enquires and related litigation;

4. Analysis of commercial agreements and licensing and distribution arrangements;

5. Analysis of sector specific policies and market studies to identify competition concerns;

6. Intersection between competition law issues and intellectual property rights;

7. Competition compliance and training;

8. Counseling and providing strategies for anti-trust risk management.

 

Strange Legal System

download (14)Laws are peculiar in their own ways and for the reasons best known to the judicial system of India. The experiences faced with the real life are presented here to understand the gravity of the problems faced by the people.

In a cheque bounce case, the court postponed the hearing on several occasions for one or other reason. Each time, the banker promptly attended the case as a witness to the duel.

When a bank filed a suit for recovery of the delinquent loan, the defaulter was not summoned first, but the plaintiff was asked to give a declaration. Moreover, this hearing also took place after adjourning earlier for the reason the judge went on leave. In another incident, the hearing was deferred to another date when the witness did not turn up.

It is regrettable that the witnesses are examined as if they are involved in the offense, frauds or embezzlement. They are made to stand for hours together. Moreover, the hearings are adjourned without any valid reasons thus forcing them to attend the court on different dates, sometimes even spread over several years. Why not the court completes this in one sitting and make a video recording for future reference and deciding the case?

A premier investigation agency asked the witness (an ex-Bank manager) to come to identifying the accused whom the former, after a long wait of 8 years, apprehended and kept him under custody. When the witness recorded his statement, no coffee or tea was offered to him even for courtesy sake.

The cumbersome process of prosecuting and booking a culprit under the law is understandable by anybody. However, the examination and cross-examination of a witness can be simplified to one-sitting exercise instead of conducting for years together.

The valuable time of the witness is lost while the dispensation of vital justice gets delayed. Moreover, the expenses incurred by the witnesses to attend the court are not paid by the latter as no procedure seems to be in place. These witnesses reach the courts from far-away places by keeping aside their official and personal duties. Not only that, the cost of delayed judgment would be very high if the time value of money is considered. It’s high time, the experts and authorities concerned take appropriate measures to set right the anomalies in the system.

A good civilized society must have a reliable and vibrant legal system to ensure protection of rights, and redressal of any disputes among the citizens.

 

Get Redressal On The Consumer Court Online Complaint Registration Forum

downloadIn the present-day era, protecting and safeguarding the interests of the consumers has become the main concern of the sovereign government of India. The Consumer Protection Act of 1986 is a government regulation that defends the interests of consumers. The Central Government of India requires business establishments to reveal the detailed information about products, specifically the areas where safety or public health is an issue, for e.g. food. Consumer protection is connected to the idea of consumer rights and this help consumers to make better choices in the marketplace. The government is a body which has the authority, the power to enforce laws within civil, corporate, academic, religious or some other groups. In a broader sense to govern means to manage or administer a group of people or a collection of assets.

Some features of the Consumer Protection Act of 1986 are as follows
(I) This act has been enacted to provide relief to the aggrieved consumers.
(ii) It is one of the compassionate social legislation projected to protect the large body of consumers from exploitation.
(iii) The act proposes the establishment of a central consumer protection council and the state consumer protection councils with an intention of spreading consumer awareness.
(iv) Adoption of uniform procedure in the hearing of the matters
(v) Speedy grant of the copies of documents.

Consumer Court Online Complaint Registration is simple and hassle free. Consumers can lodge their complaints instantly. The best aspect is that in an online Consumer Forum, people will get significant reviews as well. The Consumer Grievance Forum is a registered organization under society registration act. It has been operating in all the states of India. The main objective is to protect customers from adulteration, over rating and to ensure quality in goods and services.

The Consumer Court Online Complaint Registration Cell provides following services to its consumers
(I) Counseling and consultation
(ii) Taking up individual complaints
(iii) Participating in various consultative and advisory bodies of the government and government agencies
(iv) Organizing periodical meetings for educating the customers.
(v) Taking up the consumer disputes through the consumer courts.
(vi) Distributing consumer related literature time to time depending on availability of funds

In view of budding consumerism in India, the voluntary forum should also come out to redress the grievances of consumers. The Consumer court online complaint registration center has the authorization to take efficient and prompt action and also has an exclusive jurisdiction to deal with the woes of the consumers.