Explain the term 'Competition Advocacy'. State, whether the Central/State Government may make a reference to the Competition Commission for its opinion on possible effects of such policy on the competition under the Comp

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2019
Explain the term 'Competition Advocacy'. State, whether the Central/State Government may make a reference to the Competition Commission for its opinion on possible effects of such policy on the competition under the Competition Act, 2002?

Answer & Explanation:

Section 49 of the Competition Act, 2002 deals with Competition Advocacy. Under Section 49 the Central Government/State Government may seek the opinion of the Competition Commission on the possible effects of the policy on competition or any other matter. In this context, Section 49 envisages that while formulating a policy on the competition, the Central/State Government may make a reference to the Commission for its opinion on possible effect of such a policy on the competition, or any other matter. On receipt of such a reference, the Commission shall, give its opinion on it to the Central Government/State Government, within sixty days of making such a reference and the latter may formulate the policy as it deems fit. The role of the Commission is advisory and the opinion given by the Commission shall not be binding upon the Central Government/State Government in formulating such a policy. The Commission is also empowered to take suitable measures for the (a) promotion of competition advocacy; (b) creating awareness about the competition; and (c) imparting training about competition issues. Creating awareness about benefits of competition and imparting training in competition issues is expected to generate conducive environment to promote and foster competition, which is sine-qua non for accelerating economic growth.

Topics: Competition Act, 2002

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