Following the introduction of the Competition (Amendment) Bill, 2022 in August 2022 to amend the Competition Act, 2002 of India (" Competition Act "), the . 30.03The Minister of Justice is responsible for dealing with a request made by a foreign state under an agreement, in accordance with the agreement and this Part. (ii)adequate and fair disclosure is not made of the number and approximate value of the prizes, of the area or areas to which they relate and of any fact within the persons knowledge, that affects materially the chances of winning; (c)offer a product at no cost, or at a price less than the fair market value of the product, in consideration of the supply or use of another product, unless fair, reasonable and timely disclosure is made of the fair market value of the first product and of any restrictions, terms or conditions applicable to its supply to the purchaser; or. (d)the location in which it is detained. Marginal note:Application for search warrant. (e)fix the time at or before which the exhibit must be returned. it may proceed with the application ex parte. Marginal note:When article is a separate product. 54(1)No person shall supply a product at a price that exceeds the lowest of two or more prices clearly expressed by him or on his behalf, in respect of the product in the quantity in which it is so supplied and at the time at which it is so supplied. 1This Act may be cited as the Competition Act. Marginal note:Publication of proposed regulations. (b)an order against that person is sought by the Commissioner under section 76, 79 or 92. 591, 593, c. 47, s. 715, 1999, c. 2, s. 37, c. 28, s. 153, c. 31, s. 49(F), 1991, c. 45, s. 549, c. 46, ss. (b)such a representation or testimonial was, before being made or published, approved and permission to make or publish it was given in writing by the person by whom the test was made or the testimonial was given. Competition Act 2002: History, Definition and Salient Features (b)no one product dominates the business. Antitrust Division | Antitrust Laws and You - United States Department (3)Agreements published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed. (b)had gross revenues from sales in, from or into Canada, determined for such annual period and in such manner as may be prescribed, that exceed four hundred million dollars in aggregate value, or such greater amount as may be prescribed. (3)Subject to sections 111 and 113, this Part applies in respect of a proposed acquisition of voting shares of a corporation that carries on an operating business or controls an entity that carries on an operating business, (i)the aggregate value of the assets in Canada, determined as of the time and in the manner that is prescribed, that are owned by the corporation or by entities controlled by that corporation, other than assets that are equity interests in those entities, would exceed the amount set out in subsection (7) or the amount determined under subsection (8), as the case may be, or, (ii)the gross revenues from sales in or from Canada, determined for the annual period and in the manner that is prescribed, generated from the assets referred to in subparagraph (i) would exceed the amount determined under subsection (7) or (8), as the case may be; and. (b)to not solicit or hire each others employees. may, in any court of competent jurisdiction, sue for and recover from the person who engaged in the conduct or failed to comply with the order an amount equal to the loss or damage proved to have been suffered by him, together with any additional amount that the court may allow not exceeding the full cost to him of any investigation in connection with the matter and of proceedings under this section. (2)A person engages in reviewable conduct who advertises at a bargain price a product that the person does not supply in reasonable quantities having regard to the nature of the market in which the person carries on business, the nature and size of the persons business and the nature of the advertisement. Marginal note:Additional or alternative order. Competition Act (b)to take any steps agreed to by that person and the Attorney General of Canada or the attorney general of the province. 88The attorney general of a province may intervene in any proceedings before the Tribunal under section 86 or 87 for the purpose of making representations on behalf of the province. Competition Act 89 of 1998 Marginal note:Exception where significant capital investment needed. (2)A warrant issued under subsection (1) may be executed anywhere in Canada by any peace officer. (b)on summary conviction, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. Competition Commission of India, Government of India of the Competition Act, 2010. Marginal note:Binding on agents of Her Majesty in certain cases. (d)such other classes of transactions as may be prescribed. Along with the Competition Tribunal Act, the Competition Act forms the statutory basis of current federal competition policy in Canada. (4)A search warrant issued under subsection (1) must. Competition Commission of India (CCI) - INSIGHTSIAS (8)The Tribunal may set the time within which and the conditions subject to which an application under section 75, 76, 77 or 79 must be made. (3)If an entity or individual chooses not to supply the Commissioner with information required under section 114 and so informs the Commissioner in accordance with subsection (2) or (2.1) and the Commissioner or a person authorized by the Commissioner notifies that entity or individual, within seven days after the Commissioner is so informed, that the information is required, the entity or individual shall supply the Commissioner with the information. They must send a notice of their application for leave to the Commissioner, who may intervene in the proceedings. Competition Commission - Wikipedia (6)Subsection (1) does not apply if the conspiracy, agreement or arrangement. The Competition Commission safeguards the process of free and fair competition in commercial markets for the benefit of consumer welfare, efficiency of enterprises and the development of the economy as a whole. 30.08(1)At the hearing referred to in subsection 30.06(3), after having considered any representations of the Minister of Justice, the Commissioner, the person from whom a record or thing was seized and any person who claims to have an interest in the record or thing, the judge who issued the search warrant or another judge of the same court may, (a)where the judge is not satisfied that the warrant was executed according to its terms and conditions or where the judge is satisfied that an order should not be made under paragraph (b), order that a record or thing seized be returned to, (i)the person from whom it was seized, if possession of it by that person is lawful, or, (ii)the lawful owner or the person who is lawfully entitled to its possession, if the owner or that person is known and possession of the record or thing by the person from whom it was seized is unlawful; or, (b)in any other case, order that a record or thing seized be sent to the foreign state mentioned in subsection 30.05(1) and include in the order any terms and conditions that the judge considers desirable, including terms and conditions. 74.11(1)On application by the Commissioner, a court may order a person who it appears to the court is engaging in conduct that is reviewable under this Part not to engage in that conduct or substantially similar reviewable conduct if it appears to the court that, (a)serious harm is likely to ensue unless the order is issued; and. (3)A record in respect of which a solicitor-client privilege is claimed under subsection (1) or (2) shall be placed in the custody of. (b)deeds and instruments relating to or evidencing the title or right to property or an interest, immediate, contingent or otherwise, in a corporation or in any assets of a corporation. Marginal note:Public Service Employment Act applies. Marginal note:Certification by Commissioner, (3)The Commissioner shall, within 48 hours after receiving a copy of an application for leave, certify to the Tribunal whether or not the matter in respect of which leave is sought, (a)is the subject of an inquiry by the Commissioner; or. Marginal note:Extension or cancellation of injunction. Competition Commission of India (CCI) is a statutory body of the Government of India responsible for enforcing the Competition Act, 2002, it was duly constituted in March 2009. (a)the report, any transcript referred to in paragraph 30.12(1)(a) and any record or thing produced; (b)a copy of the order made under subsection 30.11(1) accompanied by a copy of any statement given under subsection 30.11(9) that contains reasons that purport to be based on a law that applies to the foreign state; and. 91In sections 92 to 100, merger means the acquisition or establishment, direct or indirect, by one or more persons, whether by purchase or lease of shares or assets, by amalgamation or by combination or otherwise, of control over or significant interest in the whole or a part of a business of a competitor, supplier, customer or other person. ACTION: Notice of proposed rulemaking. Marginal note: Commissioner of Competition 7 (1) The Governor in Council may appoint an officer to be known as the Commissioner of Competition, who shall be responsible for (a) the administration and enforcement of this Act; and (b) the administration and enforcement of the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act. Marginal note:Powers of Federal Court where certain rights used to restrain trade, 32(1)In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more certificates of supplementary protection issued under the Patent Act, by one or more trademarks, by a copyright or by a registered integrated circuit topography, so as to. (5.2)The Commissioner shall give at least 48 hours notice of an application referred to in subsection (5.1) to the person against whom the interim order is made. Marginal note:Application for written opinion. is deemed to be made to the public by and only by the person who causes the representation to be so expressed, made or contained, subject to subsection (2.1). (b)an officer of any department or agency of the government of a province the functions of which include the gathering of statistics may. Marginal note:False or misleading representation electronic message. (11)When an interim order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry arising out of the conduct in respect of which the order was made. 2020 Illustration Competition | Communication Arts Marginal note:Records or other things already in Commissioners possession. (5)In a prosecution for a contravention of any of subsections (1) to (3), the general impression conveyed by a representation as well as its literal meaning are to be taken into account. 29(1)No person who performs or has performed duties or functions in the administration or enforcement of this Act shall communicate or allow to be communicated to any other person except to a Canadian law enforcement agency or for the purposes of the administration or enforcement of this Act. Frequently Asked Questions - Namibian Competition Commission Marginal note:Corporations to be tried without jury. 104(1)If an application has been made for an order under this Part, other than an interim order under section 100 or 103.3, the Tribunal, on application by the Commissioner or a person who has made an application under section 75, 76, 77 or 79, may issue any interim order that it considers appropriate, having regard to the principles ordinarily considered by superior courts when granting interlocutory or injunctive relief. (3.1)The Attorney General of Canada or the attorney general of the province or any person against whom an order is made under this section may appeal against the order or a refusal to make an order or the quashing of an order from the court of appeal of the province or the Federal Court of Appeal, as the case may be, to the Supreme Court of Canada on any ground that involves a question of law or, if leave to appeal is granted by the Supreme Court, on any ground that appears to that Court to be a sufficient ground of appeal. Marginal note:Where warrant not necessary. Visitors: 5729. (9)On application by the Commissioner or the person against whom the order is made, the court may vary any term that is specified under subsection (8). (1.1)The Commissioner need not return any copy of a record produced under section 11 or obtained under section 15 or 16. Marginal note:Attendance of person whose conduct is being inquired into, (4)Any person whose conduct is being inquired into at an examination pursuant to an order under paragraph 11(1)(a) and that persons counsel are entitled to attend the examination unless the Commissioner or the authorized representative of the Commissioner, or the person being examined or his employer, establishes to the satisfaction of the presiding officer that the presence of the person whose conduct is being inquired into would, (a)be prejudicial to the effective conduct of the examination or the inquiry; or. (d)prevent or lessen, unduly, competition in the production, manufacture, purchase, barter, sale, transportation or supply of any such article or commodity. (a)the person took reasonable steps to obtain in adequate time a quantity of the product that would have been reasonable having regard to the nature of the advertisement, but was unable to obtain such a quantity by reason of events beyond the persons control that could not reasonably have been anticipated; (b)the person obtained a quantity of the product that was reasonable having regard to the nature of the advertisement, but was unable to meet the demand therefor because that demand surpassed the persons reasonable expectations; or. (3)In deciding whether to provide assistance under subsection (1), the Commissioner shall consider whether the government, organization or institution agrees to provide assistance for investigations or proceedings in respect of any of the sections mentioned in subsection (1). Marginal note:Leave to make application under section 75, 76, 77 or 79. ), s. 24, 2002, c. 7, s. 276(E), c. 8, s. 198, c. 16, s. 3, R.S., 1985, c. 19 (2nd Supp. (6)Where the Commissioner or any other person, in executing a warrant issued under subsection (1), is refused access to any premises, record or other thing or where the Commissioner believes on reasonable grounds that access will be refused, the judge who issued the warrant or a judge of the same court, on the ex parte application of the Commissioner, may by order direct a peace officer to take such steps as the judge considers necessary to give the Commissioner or other person access. The Namibian Competition Commission was established in terms of the Competition Act 2 of 2003. 52(1)No person shall, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, knowingly or recklessly make a representation to the public that is false or misleading in a material respect. articlemeans real and personal property of every description including. (b)that there are reasonable grounds to believe that there is, on any premises, any record or other thing that will afford evidence with respect to the circumstances referred to in subparagraph (a)(i), (ii) or (iii), as the case may be, the judge may issue a warrant under his hand authorizing the Commissioner or any other person named in the warrant to, (c)enter the premises, subject to such conditions as may be specified in the warrant, and. (2)The information that may be communicated under this section is. Marginal note:Ordinary price: suppliers own. 30.14No record or thing that has been ordered under section 30.13 to be sent to the foreign state mentioned in subsection 30.1(1) shall be so sent until the Minister of Justice is satisfied that the foreign state has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing. Marginal note:Exception where gains in efficiency. (4)The information communicated under subsection (1) may be used only for the purposes of section 53.1 or 53.2 or any of sections 53.71 to 53.81, as the case may be, of the Canada Transportation Act. Marginal note:Register of specialization agreements. (10)In sentencing a person convicted of an offence under this section, the court shall consider, among other factors, the following aggravating factors: (a)the use of lists of persons previously deceived by means of telemarketing; (b)characteristics of the persons to whom the telemarketing was directed, including classes of persons who are especially vulnerable to abusive tactics; (c)the amount of the proceeds realized by the person from the telemarketing; (d)previous convictions of the person under this section or under section 52 in respect of conduct prohibited by this section; and. The terms . (2)In deciding whether to make the finding referred to in subsection (1), the Tribunal may have regard to the following factors: (a)the extent to which foreign products or foreign competitors provide or are likely to provide effective competition to the businesses of the parties to the agreement or arrangement; (b)the extent to which acceptable substitutes for products supplied by the parties to the agreement or arrangement are or are likely to be available; (c)any barriers to entry into the market, including. 52.01(1)No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent a false or misleading representation in the sender information or subject matter information of an electronic message. (c)contracts, agreements or arrangements between or among two or more employers in a trade, industry or profession, whether effected directly between or among the employers or through the instrumentality of a corporation or association of which the employers are members, pertaining to collective bargaining with their employees in respect of salary or wages and terms or conditions of employment. (4)The court may proceed ex parte with an application made under subsection (1) or (1.1) if it is satisfied that subsection (3) cannot reasonably be complied with or that the urgency of the situation is such that service of notice in accordance with subsection (3) would not be in the public interest. 111The following classes of transactions are exempt from the application of this Part: (a)an acquisition of real property or goods in the ordinary course of business if the person or persons who propose to acquire the assets would not, as a result of the acquisition, hold all or substantially all of the assets of a business or of an operating segment of a business; (b)an acquisition of voting shares or of an interest in a combination solely for the purpose of underwriting the shares or the interest, within the meaning of subsection 5(2); (c)an acquisition of voting shares, an interest in a combination or assets that would result from a gift, intestate succession or testamentary disposition; (d)an acquisition of collateral or receivables, or an acquisition resulting from a foreclosure or default or forming part of a debt work-out, made by a creditor in or pursuant to a credit transaction entered into in good faith in the ordinary course of business; (e)an acquisition of a Canadian resource property, as defined in subsection 66(15) of the Income Tax Act, pursuant to an agreement in writing that provides for the transfer of that property to the person or persons acquiring the property only if the person or persons acquiring the property incur expenses to carry out exploration or development activities with respect to the property; and. (2)For the purposes of this section, federal board, commission or other tribunal means any board, commission, tribunal or person that carries on regulatory activities and is expressly charged by or pursuant to an enactment of Parliament with the responsibility of making decisions or recommendations related directly or indirectly to the production, supply, acquisition or distribution of a product. (2)Subsection (1) does not apply in respect of an agreement or arrangement. 103.2If a person granted leave under subsection 103.1(7) or (7.1) makes an application under section 75, 76, 77 or 79, the Commissioner may intervene in the proceedings. (b)any individual who, in respect of an entity other than a corporation, serves in a capacity similar to that of a director to supply information that is known to that individual by virtue only of their serving in that capacity with respect to an affiliate of the entity that is neither a wholly-owned affiliate nor a wholly-owning affiliate of the entity. (c)a copy of every statement given under subsection 30.11(9) of the reasons for a refusal to answer any question or to produce any record or thing. (b)make and deliver a written return of the information. 13(1)Any person may be designated as a presiding officer who is a barrister or advocate of at least ten years standing at the bar of a province or who has been a barrister or advocate at the bar of a province for at least ten years. Marginal note:Commissioner may require information. (i)adversely affect competition in Canada. (d)search the premises for any such record or other thing and copy it or seize it for examination or copying. The Federal Trade Commission Act is the primary statute of the Commission. (2)In any action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under Part VI or convicted of or punished for failure to comply with an order of the Tribunal or another court under this Act is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought engaged in conduct that was contrary to a provision of Part VI or failed to comply with an order of the Tribunal or another court under this Act, as the case may be, and any evidence given in those proceedings as to the effect of those acts or omissions on the person bringing the action is evidence thereof in the action. (2.3)An order made under this section may be varied or rescinded in respect of any person to whom the order applies by the court that made the order, (a)where the person and the Attorney General of Canada or the attorney general of the province consent to the variation or rescission; or. (6)Where a person, in executing a search warrant issued under subsection (1), is refused access to any premises, record or thing or where the Commissioner believes on reasonable grounds that access will be refused, the judge who issued the warrant or a judge of the same court, on the ex parte application of the Commissioner or the authorized representative of the Commissioner, may by order direct a peace officer to take any steps that the judge considers necessary to give access to the person named in the warrant. About us | Competition Commission (6)No application may be made under this section in respect of a practice of anti-competitive acts more than three years after the practice has ceased. Marginal note:No application under section 92. (i)a description of the reviewable conduct, (ii)the time period and geographical area to which the conduct relates, and. Competition Amendment Act, 2023 [UPSC Notes] - BYJU'S 77(1)For the purposes of this section, (a)any practice whereby a supplier of a product, as a condition of supplying the product to a customer, requires that customer to, (i)deal only or primarily in products supplied by or designated by the supplier or the suppliers nominee, or, (ii)refrain from dealing in a specified class or kind of product except as supplied by the supplier or the nominee, and, (b)any practice whereby a supplier of a product induces a customer to meet a condition set out in subparagraph (a)(i) or (ii) by offering to supply the product to the customer on more favourable terms or conditions if the customer agrees to meet the condition set out in either of those subparagraphs;(exclusivit), market restrictionmeans any practice whereby a supplier of a product, as a condition of supplying the product to a customer, requires that customer to supply any product only in a defined market, or exacts a penalty of any kind from the customer if he supplies any product outside a defined market;(limitation du march), (a)any practice whereby a supplier of a product, as a condition of supplying the product (the tying product) to a customer, requires that customer to, (i)acquire any other product from the supplier or the suppliers nominee, or, (ii)refrain from using or distributing, in conjunction with the tying product, another product that is not of a brand or manufacture designated by the supplier or the nominee, and, (b)any practice whereby a supplier of a product induces a customer to meet a condition set out in subparagraph (a)(i) or (ii) by offering to supply the tying product to the customer on more favourable terms or conditions if the customer agrees to meet the condition set out in either of those subparagraphs.(ventes lies), Marginal note:Exclusive dealing and tied selling, (2)Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that exclusive dealing or tied selling, because it is engaged in by a major supplier of a product in a market or because it is widespread in a market, is likely to. (d)any effect of the agreement or arrangement on the barriers referred to in paragraph (c); (e)the extent to which effective competition remains or would remain in the market; (f)any removal of a vigorous and effective competitor that resulted from the agreement or arrangement, or any likelihood that the agreement or arrangement will or would result in the removal of such a competitor; (g)the nature and extent of change and innovation in any relevant market; (g.1)network effects within the market; (g.2)whether the agreement or arrangement would contribute to the entrenchment of the market position of leading incumbents; (g.3)any effect of the agreement or arrangement on price or non-price competition, including quality, choice or consumer privacy; and.

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