Roles and Functions of CCI: CCI Invites Comments WRT Proposed Merger (Important) (Download PDF)

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Competition Commission of India (CCI) received notice filed by Linde Aktiengesellschaft (Linde) & Praxair, Inc. (Praxair) in relation to merger of Linde & Praxair under newly incorporated holding company Linde Plc on 11th January, 2018.

Image of Competition Commission of India

Image of Competition Commission of India

Image of Competition Commission of India

Details of Merger

  • Linde, headquartered in Munich, Germany is primarily active in industrial gases & medical gases, specialty gases, helium & related engineering & services sectors.
  • Praxair, headquartered in Danbury, Connecticut, USA, is international industrial gases company. Praxair has surface technologies business that supplies high-performance surface coatings & equipment.
  • Commission is of prima facie opinion that proposed merger is likely to have appreciable adverse effect on competition &, accordingly, has directed Parties, in terms of Section 29 (2) of Competition Act, 2002, to publish details of merger for bringing same to knowledge or information of public & persons affected or likely to be affected by such merger.
  • Parties have published details of proposed merger in all India editions of 4 newspapers on 26thMay, 2018 & same is hosted on respective websites of parties. Said details are available on website of Commission www.cci.gov.in.
  • As per provisions of Section 29 (3) of Act, Commission invites comments/objections/suggestions in writing, from any person (s) adversely affected or likely to be affected by proposed merger.

CCI and Duties of CCI

  • The Competition Act in India was enacted in 2002. But came into force from 2007. The Competition Commission of India had been empowered to address anticompetitive activities, abuse of dominance and anti-competitive combinations in India. The DG leads the investigation relating to anti-competitive activities in the country. Any order of CCI can be challenged in the Competition Appellate Tribunal (COMPAT).

Powers and Functions of the CCI

  • To eliminate practices having adverse effect on competition, promote and sustain competition, protect interests of consumers and ensure freedom of trade by other participants
  • Inquire into agreements and dominant position of enterprise–either suo moto or on receipt of any information of alleged contravention of Section 3 (prohibits anti-competitive agreements) of Competition Act may inquire into the same.
  • Inquiry into combinations– Section 20 of the Act entrusts Commission to inquire into any information relating to acquisition and determine combination or acquisition to have appreciable adverse effect on competition (AAEC).
  • Reference of an issue by a statutory authority to the Commission– Section 21 of the Act enumerates that if any issue is raised that any decision of a statutory authority will be in conflict with the provisions of the Competition Act, 2002, the statutory authority shall make a reference in this regard to the Commission.
  • Reference by Commission– Section 21A of the Act provides that if in the course of proceeding an issue is raised by any party that any decision taken by the Commission is in contravention of the provisions of Competition Act, then the Commission may make a reference in respect of the issue to the statutory authority.
  • Power to issue interim order– Section 33 of the Act empowers the Commission to issue interim orders in cases of anti-competitive agreements and abuse of dominant position- temporarily restraining any party from carrying on such an act.
  • Competition Advocacy– Section 49 of the Act provides competition advocacy and enumerates that the Central or the State Government may while formulating any policy on Competition or any other matter may make reference to the Commission for its opinion on possible effect of such policy on Competition. However, the opinion given by the Commission is not binding on the Central Government.
Image of Duties of Competition Commission of India

Image of Duties of Competition Commission of India

Image of Duties of Competition Commission of India

- Published/Last Modified on: August 30, 2018

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