Competition commission of India

Querist : Anonymous (Querist) 16 February 2010 This query is : Resolved
Dear sir,
I have question regarding Competition commission of India.
My question is that: "Does Indian parliament have the power to enact any law restricting or banning or taking any action against a company on the ground that companies have violated any anti-competition norm?"
"Parliament can only pass this act after competition commission enquires the matter?"
"Is it necessary that anti-competition cases will only be looked after by this commission in the initial stage or parliament can also take descisions in certain cases
by enacting any act for two companies indulging into anti-competitive acts?"

I'm eagerly waiting for ur reply.
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s.subramanian (Expert) 02 November 2010
No such law can be made by the Parliament.

R.Ramachandran (Expert) 02 November 2010
Dear Anonymous,
You seem to be highly confused.
Indian Parliament has all the legislative competence to enact any Law, so long as they are not ultra vires the Constitution.
It is with such power Parliament has passed the Competition Law. Under the Competition Law, Competition Commission has been set up. The Competition Commission has powers to look into any complaint lodged againt a company for its alleged anti-competition acts; or take suo moto action.
The Act having been put in place, and the Commission Established, it is for these machineries to implement the Act and parliament does not come into picture at all.

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