Enumerate the activities, which have been made outside India but having an effect on competition in India, under the Competition Act, 2002.
CS Executive · Economic and Commercial Laws · PYQS · December 2018
Enumerate the activities, which have been made outside India but having an effect on competition in India, under the Competition Act, 2002.
Answer & Explanation:
Activities taking place outside India but having an effect on competition in India: an agreement referred to in Section 3 of the Competition Act, 2002 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 acts taking place outside India but having an effect on competition in India will be subject to the jurisdiction of Competition Commission of India under Section 32 of the Competition Act, 2002. 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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