Full Text Transcript
/
"\:::C
!'1'L&WTO Exam
MAY2010
GROUP.B
Paper VI : Competition 'Laws &PoUcies
Roll No ...............................
Total No. of Questions-?] [Total No. of Printed Pages-2
4
Time Allowed-3 Hours Maximum Marks-100
POL
Answer five questions. Question No.1 is compulsory.
Marks
8
1. (a) The scope and ambit of 'enterprise' is quite wide and exhaustive under the
Competition Act, 2002. Explain what is included under its ambit and what is
excluded. Also explain what can be construed as a 'sov~reign function'.
(b) .A 'multi chain retailer' buys fast moving consumer goods on deferred payment 4
basis for resale to ultimate consumers. Is a multichain retailer a 'consumer'
for the purpose of the Act ?
(c) A consumer organization buys goods without consideration. Is it a consumer 4
for the purpose of the Act?
(d) A mother buys shoes for her son. The son does not pay and the mother pays 4
for the shoes. Whether son is a consumer for the purpose of the. Act?
2. How is a horizontal agreement distinguishable from a vertical agreement? Indicate 16
illustrations of vertical agreements and what are the factors that the CeI mandates
to consider while determining appreciable adverse effect on co~peti~ion.
3. (a) How can an enquiry into an anticompetitive agreement and abuse of dominance 8
be instituted by the Competition Commission of India?
(b) X, Y and Z produce and market tires for cars in India. Theyinet and decided 8
to sell one car tire at Rs. 2,000 from a particular date. The car owners association
and its members, feel aggrieved of a 'cartel' amongs't tire producers. They
intend to file information with the CCI for inquiry. Indicate, how the case is
made out for enquiry before the Competition Commission of India. Will it be
an anticompetitive agreement and if so, how? Will the fi.xing of the price of
car tires relating to exports to US and European countries fall within the
scope of the Act?
POL P.T.O.
./
., "'.. , ~
'"
(2 )
',.. .
POL Marks
16
4. 'Combination' has two components, namely (i) requirement to file notice when
threshold limits as laid down in the Act are exceeded and (ii) the review of a
.
combination. Explain in brief the threshold prescribed and the factors which the
Commission has to look at while examining the combination.
5. What orders can the Commission pass in case of anticompetitive agreements and 16
in case of anti competitive combination?
6. What is the procedure and conditions subject to which powers to Supersede 16
Commission can be .invoked by the Central Government?
7. Power to award compensation vests in the Competition Appellate Tribunal. What 16
findings are essential before awarding compensation? Who can make an application
for award of compensation? Can a person seek compensation (a) who has not
suffered any loss or (b) when the loss or damage caused to him is not account of
infringement of provisions of Competition Act?