Extra-Territorial Jurisdiction of Competition Commission of India: An Overview of its Pragmatic Aspect

Vol-4 | Issue-08 | August-2017 | Published Online: 05 August 2017    PDF ( 209 KB )
Author(s)
Chandni 1
Abstract

The era of globalization has opened way where domestic market is exposed to foreign trade, legal monopoly being eliminated and because of this the boundary has increased or being removed which has resulted into a challenge for competition law. The effects of anti-competition cannot be limited within the boundary because of international trade and investment. With the increased globalization and trans-border trade the laws of the nations are not able to limit anti-competitive practices carried out in another country which have the adversely affect the competition in that particular country. Because of rise of such situation the countries have given their domestic competition law an extraterritorial effect. The Competition Act, 2002 under section 32 empowers the Competition Commission of India to look upon the activity which has appreciable adverse effect in India in a relevant market by an act which is anti-competitive being taken place outside India. But merely mentioning that CCI has extra-territorial jurisdiction would it be suffice? What pragmatic step CCI needs to take in order to enforce its extra-territorial jurisdiction effectively?

Keywords
Competition Commission of India, Extraterritoriality Principle, Effects doctrine, MoU, Bilateral or Multilateral Agreement
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