Competition Commission of India, while concluding favourable or adverse effect of any combination on the relevant market in India, looks into certain factors. Discuss briefly.
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2021
Competition Commission of India, while concluding favourable or adverse effect of any combination on the relevant market in India, looks into certain factors. Discuss briefly.
Answer & Explanation:
The Competition Commission of India shall have due regard to all or any of the factors for the purposes of determining whether the combination would have the effect of or is likely to have an appreciable adverse effect on competition in the relevant market, namely: actual and potential level of competition through imports in the market; extent of barriers to entry into the market; level of combination in the market; degree of countervailing power in the market; likelihood that the combination would result in the parties to the combination being able to significantly and sustainably increase prices or profit margins; extent of effective competition likely to sustain in a market; extent to which substitutes are available or likely to be available in the market; market share, in the relevant market, of the persons or enterprise in a combination, individually and as a combination; likelihood that the combination would result in the removal of a vigorous and effective competition or competitors in the market; nature and extent of vertical integration in the market; possibility of a failing business; nature and extent of innovation; relative advantage, by way of the contribution to the economic development, by any combination having or likely to have appreciable adverse effect on competition; whether the benefits of the combination outweigh the adverse impact of the combination, if any. The above yardsticks are to be taken into account irrespective of the fact whether an inquiry is instituted, on receipt of notice under section 6(2) or upon its own knowledge.
Topics: Competition Law
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