DRAFTING OF REPLIES TO SHOW-CAUSE NOTICES

A show-cause notice under the Companies Act is issued when the Competition Commission of India (CCI) suspects certain violations of the Competition Act. CCI ensures that no business strategies hamper the competition in the industry. Masterbrains consultants have the expertise to reply to the show-cause notices issued under The Competition Act, 2002.

REPRESENTATION BEFORE AUTHORITIES & CASE PREPARATION/ RESEARCH

Masterbrains has empaneled professionals with a rich experience in Competition Act Litigation. We at Masterbrains know that litigation is a mind-numbing process. So, to make the process simpler we will identify the experts to represent your case before the Competition Commission of India (CCI) or High Court or any other relevant authority. Masterbrains consultants will also prepare/research the case for representation.

AWARENESS ON PROBABLE
VIOLATIONS

Prevention is better than cure. An entity may be Competition Act compliant at present; however, any proposed business model/ transaction may violate it. Such violation may cause lengthy and costly litigations for the business. To prevent such litigations, our experts will analyse the said business model or business transaction for any probable violations entailed. Masterbrains consultants will ensure business compliance under Competition Act for prospective transactions, business decisions, and business models.

FAQs on Competition Act Consultancy

What types of violations fall under the purview of the Competition Act in India?

Anti-competitive Agreements:

Horizontal Agreements: Price fixing, bid rigging, market sharing.

Vertical Agreements: Tie-in arrangements, exclusive supply/distribution, resale price maintenance.

Abuse of Dominant Position:

Unfair or discriminatory pricing, limiting production or supply, creating barriers to entry.

Regulation of Combinations:

Mergers, acquisitions, or amalgamations that significantly reduce competition in the market.

What is meant by unfair competition?

Unfair competition involves practices like collusive price fixing, output reduction to hike prices, creating entry barriers, market allocation, tie-in sales, predatory pricing, and discriminatory pricing.

What is meant by an anti-competitive agreement?

An anti-competitive agreement adversely affects competition. Examples include agreements to limit production/supply, allocate markets, fix prices, engage in bid rigging, tie-in arrangements, exclusive supply/distribution, and resale price maintenance.

What is abuse of dominant position?

Abuse of dominant position means when a company misuses its strong position in the market. This includes imposing unfair conditions, discriminatory pricing, limiting production, denying market access, or using dominance in one market to gain an advantage in another.

Under what circumstances can the Commission commence inquiries into anti-competitive agreements or abuse of dominance?

The Commission may initiate inquiries: On its own based on information in its possession. On receipt of information. On receipt of a reference from the Central or State Government or a statutory authority.

How can your consultancy services help in raising awareness about Competition Act violations within our organization?

We offer training and awareness programs to educate your team about the Competition Act and its implications, helping prevent inadvertent violations.

What distinguishes Master Brains Consultants in the field of Competition Act Consultancy?

Our team includes seasoned professionals with extensive experience in Competition Law, ensuring you receive expert guidance and representation tailored to your specific needs.

Is Master Brains Consultants available for consultation and assistance nationwide?

Yes, we operate across India and are available to assist businesses in complying with the Competition Act and addressing related legal matters in various locations.

What actions can the Commission take in cases of anti-competitive agreements and abuse of dominant position?

The Commission can issue interim orders, impose penalties, direct discontinuation of anti-competitive practices, modify agreements, and may even direct the division of an enterprise to prevent abuse of dominant position.

Can I file an appeal if aggrieved against the order of CCI?

The Central Government had established the Competition Appellate Tribunal (COMPAT) to hear appeals against the Commission’s decisions which is now merged with NCLAT. A person dissatisfied with Tribunal’s decision can appeal to the Supreme Court of India within 60 days from the date of communication.

Who can be appointed to represent the case before CCI?

Parties before the Commission can be represented by either appearing in person, through their officers, or by authorizing chartered accountants, company secretaries, cost accountants, or legal practitioners to present their case.

Can you provide an overview of the typical process for Competition Act compliance in India?

Businesses need to first assess the Competition Act’s applicability. Once it is established, conducting regular internal audits to assess and ensure adherence to competition laws, employee training, reviewing and updating agreements, implementing robust compliance policies, and staying informed about legal developments are vital steps that can help in compliance with Competition Law.