Whether the jurisdiction of the competition commission of India extends to acts/agreements taking place outside India, which affects competition in India? Explain.

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2019
Whether the jurisdiction of the competition commission of India extends to acts/agreements taking place outside India, which affects competition in India? Explain.

Answer & Explanation:

Section 32 of the Competition Act, 2002 deals with acts taking place outside India but having an effect on competition in India. Section 32 of the Competition Act, 2002 extends the jurisdiction of Competition Commission of India to inquire and pass orders in accordance with the provisions of the Act into an agreement or dominant position or combination, which is likely to have, an appreciable adverse effect on competition in relevant market in India, notwithstanding that: an agreement referred to in Section 3 has been entered into outside India; or any party to such agreement is outside India; or any enterprise abusing the dominant position is outside India; or a combination has taken place outside India; or any party to combination is outside India; or any other matter or practice or action arising out of such agreement or dominant position or combination is outside India. The above clearly demonstrates that acts taking place outside India but having an effect on competition in India will be subject to the jurisdiction of Commission. The Competition Commission of India will have jurisdiction even if both the parties to an agreement are outside India but only if the agreement, dominant position or combination entered into by them has an appreciable adverse effect on competition in the relevant market of India.

Topics: Competition Act, 2002

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