The Central government, by notification in the official gazette, has appointed a Commission for the purpose of this act, which is known as Competition Commission of India.
The Competition Commission of India is an organization with the perpetual succession and common seal and shall have the powers which may be specified in the act.
The head office of the commission is in Delhi and has offices at many other places.
Powers of CCI members:
The central government may designate any member as member administration who shall exercise such financial and administrative power as may be vested with him and as prescribed in him under the rules of the central government.
Inquiry into certain agreement and dominant position of enterprises:
The commission has a right to inquire into alleged contraventions of the provision contained in sub- section(1) of section 3 or sub-section4 of the act either on its own or on receipt of a complaint, accompanied by such free as may be determined under the regulations.
Factors in competition:
•Creating barriers for new entrants.
•Driving competitors outside.
•Accrual benefits to consumers.
•Hindrances in the improvement of goods or in provision of services.
Inquiry into combination by commission:
For determining whether the combination would have an effect or is likely to have an effect on competition in the relevant market, the commission shall consider the following factors:
•Real or the likely level of competition into the market
•The extent of barriers to entry into the market
•The level of countervailing power in the market.
•The level of effective competition which is likely to sustain in the market.
•The nature and extent of vertical integration.
•Possibility of the business failing.
•Whether the goods effects of the combination exceeds the adverse effect of the combination.
Power of CCI:
•Can dismiss the applications
•Can impose penalty.
Procedure for investigation of combination:
If the report of the Direct General relates to a complaint and if such report recommends that there is no contravention of any provisions of this act, the complainant shall be given an opportunity to rebut the findings of the Director General.
The CCI can carry any investigation upon:
•Receipt of a complaint.
•Reference made by the central government.
•Reference made by the state government.
If after the complainant, the commission is satisfied with the recommendation of the Director General, it shall dismiss the complaint.
On entertaining the complainant, if the commission forms the opinion that further enquiry is necessary, it directs the complainant to proceed with the complaint.
Power to grant interim relief:
Section 33 of the Competition Commission Act, 2002 states that if it is proved to the satisfaction of the commission, by affidavit or otherwise that there is contravention of sub-section (1) of section 3 or sub-section (1) of section 4, in that case the commission may be order grant temporary injunction restraining the party from carrying of such acts until such enquiry or further orders.
Power to award compensation:
Section 34 of the Competition Act, 2002 deals with the powers of the commission to award compensation. The relevant provisions of section 34 are as follows:
•Any person under this act may make an application to the commission, for an order to recover competition from any enterprise, which proves that he has suffered a loss or damages as a result of any contravention of the provisions of the act, which has been committed by the enterprise.
•The commission may after an enquiry for the reward of compensation may direct the other party to pay the applicant an amount realizable from an enterprise as a compensation for loss or damage which is caused to the applicant due to the contravention of the provisions of the act.
•Where the loss is occurred to numerous persons having the same interest in that case with the permiossion o the commission, one person may represent the interest of all persons whose interest is affected and can make a single application on behalf of the entire person.
•The complainant or the defendant may appear in person before the commission. It may also authorize representative or legal practitioners or any of its officers to make its case before the commission.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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