If a company in India distorting or preventing competition in a given market then can you suggest the steps/action which can be taken by the Government in respect of anti-trust law.

The term restrictive practice signifies non-governmental measures used by companies to strengthen their position in a given market. In the context of Intellectual Property Rights, these practices can hamper or distort competition in given market. Competition and anti-trust laws deal with such business practices and prohibit them when it is established that they have the effect of distorting or preventing competition in a given market. WTO agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) expressly recognises the role of competition policy in ensuring that IPRs promote economic growth and innovation. Article 40.2 of the TRIPS agreement provides that "Nothing in this Agreement shall prevent members from specifying in their legislation licensing practices or conditions that may in particular cases constitute an abuse of intellectual property rights having an adverse effect on competition in the relevant market". It allows member countries "to adopt, consistently with the other provisions of this Agreement, appropriate measures to prevent or control such practices... in the light of the relevant laws and regulations of that member...". The repression of anti-competitive practices associated with IPRs is therefore assigned to national competition laws and policies. The concept of unfair competition has been also recognised under the Paris Convention for the Protection of Industrial property which comprises not only infringement of industrial property but also all other acts which adversely affect the business relations of a person. The provisions of the Paris Convention contain a broad stipulation that any act of competition contrary to honest practices in industrial and commercial matters constitutes an act of unfair competition. These provisions affirm the foundation of fair competition as being honest practices or good morals and set out three kinds of acts which are deemed typically unlawful in international trade and therefore, must be prohibited. UNCTAD Code of Conduct on Transfer of Technology under Chapter IV has also recognised some practices as restrictive practices. In India, the Patents Act, 1970 and Competition Act, 2002 prohibit the use of restrictive practices in business agreements.