LIJDLR

Competition Act 2002

IMPACT OF COMPETITION AMENDMENT ACT 2023

Volume III Issue IV /

IMPACT OF COMPETITION AMENDMENT ACT 2023 Tej Sandilya, (4th Year) BA.LLB at Gautam Buddha University, Greater Noida (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.138 Competition Law in India has been introduced for the effective implementation of policies in the market and to act against anti-competitive agreements. The main job of competition law is to maintain healthy competition in the market. Not only in India but also around the world, every country has its competition law to regulate their markets, Brazil has Antitrust laws that aim to protect free competition and prevent anti-competitive practices, with the Administrative Council for Economic Defense (CADE) as the enforcement body. The history of competition law can be traced back to the enactment of the Sherman Act and the Clayton Act, also known as antitrust laws, which were introduced in the USA around the 19th and 20th centuries, respectively. In India, the history of competition law can be traced back to the implementation of the MRTP Act 1969, Monopoly and Restrictive Trade Practices Act. In 2002, the MRTP was repealed by the Competition Act, which was passed by the parliament in 2002 and came into effect in 2009. The Competition Act 2002 was to promote competition in India and consider the interest of the public at large. After almost 20 years, the competition act was amended in 2023. The amendment focuses on enhancing regulatory efficiency, promotes fair competition, and addresses challenges posed by the digital economy. This research paper focuses on every aspect of the amendment like deal value thresholds, settlements and commitments, leniency provisions, and changes in penalties.

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REGULATION OF BID-RIGGING IN GOVERNMENT TENDERS UNDER THE COMPETITION ACT, 2002

Volume III Issue I /

REGULATION OF BID-RIGGING IN GOVERNMENT TENDERS UNDER THE COMPETITION ACT, 2002 Sophia Satapathy, LL.M. (Corporate Banking & Insurance), Amity Law School, Noida (U.P.) Dr Shefali Raizada, Director & Joint Head, Amity Law School, Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.18 This paper examines the regulation of bid-rigging in government tenders under the Competition Act, 2002. Bid-rigging represents a particularly harmful anticompetitive practice that undermines the integrity of public procurement processes in India. The research analyzes the statutory framework established by Section 3(3)(d) of the Competition Act, which creates a rebuttable presumption of appreciable adverse effect on competition for bid-rigging arrangements. The paper explores various forms of bid-rigging including cover bidding, bid suppression, bid rotation, and market allocation. It examines landmark cases establishing jurisprudential standards for detection, proof, and penalties in bid-rigging enforcement. The Competition Commission of India’s evolving role in both enforcement and advocacy is critically assessed, highlighting investigative techniques and remedial approaches. Despite significant regulatory progress, challenges persist including detection difficulties, evidentiary hurdles, and resource constraints. The paper compares India’s approach with international best practices, identifying opportunities for enhancing regulatory effectiveness through criminal sanctions, specialized detection systems, and enhanced prevention mechanisms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 388-417. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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