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THE COMPETITION ACT,2002, INDIA’S ANTITRUST LAWS

Courtesy/By: Amulya Bhat | 2019-06-03 18:05     Views : 240

The competition act, 2002, India’s antitrust laws, was constituted fully in the year 2009 (1-3-2009). It replaced the monopolistic and restrictive trade act, 1969. The competition act, 2009, protects consumers and small enterprises and ensures freedom of trade. It also monitors any economic activity and monopolises competition within the market.

Any company that wants to enter India through and acquisition or merger must abide by the competition law. Competition law evaluates a company by considering it as a Blackbox, this is done so because the antitrust agencies do not consider the internal mechanisms of the firm while evaluating the anti-competitive effects of the firm. Both competition law and corporate governance evolved during the same time and both have been developing at an enormous speed. While competition law seeks to address anti-competitive activities of a company, corporate governance focuses to enforce laws and mechanisms which seek to align the managements and shareholders interest. Further, there has been studies which focused on the intersection between policies of corporate governance and product market competition and whether their substitutes were complementary in nature and a positive relationship has been found in the same. These two regimes have been serving various purposes and addressing different problems of various shareholders. But there is work which must be done in order understand corporate governance norms and can be designed to address a more holistic and effective antitrust policy.

Courtesy/By: Amulya Bhat | 2019-06-03 18:05