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Description

Passed Competition (Amendment) Bill 2023 including changes to anti-competitive agreements regulation

On 29 March 2023, the Lok Sabha, India’s lower house of Parliament, passed the Competition (Amendment) Bill 2023 amending the 2002 Competition Act. The Bill defines anti-competitive agreements as any agreement that could negatively impact market competition, including accords on production, storage and supply of goods and services. Furthermore, the Bill outlines several criteria for determining the “adverse effect on competition” and notes that the criteria will be applied to agreements between entities involved in similar or different business activities. Finally, the Bill would expand the applicability of the regulations to include in the scope of investigations into anti-competitive agreements the parties that facilitated an unlawful agreement. Compared to the introduced version of the Bill, the version passed by the Lok Sabha would give the Competition Commission of India (CCI), India’s anti-trust regulator, the power to impose penalties based on global turnovers of firms instead of solely on annual domestic turnover. The Bill is now awaiting approval from the Upper House.

Original source

Scope

Policy Area
Competition
Policy Instrument
Anti-competitive agreements regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2020-02-20
in consultation

On 20 February 2020, the consultation for the Competition Amendment Bill 2020, which aims to expand…

2020-03-06
processing consultation

On 6 March 2020, the consultation for the Competition Amendment Bill 2020, which aims to expand the…

2022-08-05
under deliberation

On 5 August 2022, The Competition (Amendment) Bill, 2022, including anti-competitive agreements reg…

2023-03-29
under deliberation

On 29 March 2023, the Lok Sabha, India’s lower house of Parliament, passed the Competition (Amendme…

2023-04-03
adopted

On 3 April 2023, the Competition (Amendment) Bill 2023 amending the 2002 Competition Act was adopte…

2023-04-11
under deliberation

On 11 April 2023, the Competition (Amendment) Bill 2023, amending the 2002 Competition Act entered …

2023-05-18
in force

On 18 May 2023, certain provisions from the Competition (Amendment) Bill including anti-competitive…