INTERNATIONAL: INDIA - 2002 INDIAN COMPETITION ACT AS AMENDED IN 2007 - ENTRY INTO EFFECT 20TH MAY 2009 - COMPETITION COMMISSION - COMPETITION APPELLATE TRIBUNAL - ANTI-COMPETITIVE AGREEMENTS - ABUSES OF DOMINANCE

Indian Competition Law: Entry into force of the 2007 reform

This article seeks to provide an overview of the Indian Competition Act, 2002 as amended in 2007 which has been brought into effect as of 20th May 2009 with (a) nominations of personalities at the Competition Commission and at the Competition Appellate Tribunal, and (b) the effective enforcement of the prohibition of anti-competitive agreements and abuses of dominance.

I. Introduction 1. Context of competition regulation in India 1. Some of the macro-economic principles and imperatives to maximize welfare are stated in the Constitution of India which, inter alia, provides for: justice: social, economic and political; the fundamental right to carry on any profession, occupation, trade or business subject to reasonable restrictions in terms of professional or technical qualifications; carrying on by the State or its instrumentalities of any trade, business, industry or service to the exclusion of citizens; the right to freedom of trade, commerce and intercourse within India, subject to laws imposing restrictions in the public interest except for inter-state discrimination; State policy to ensure that the ownership and control of material

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Farhad Sorabjee, Manas Kumar Chaudhuri, Mansoor Ali Shoket, Amit Kapur, Indian Competition Law: Entry into force of the 2007 reform, September 2009, Concurrences Review N° 3-2009, Art. N° 26544, www.concurrences.com

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