Extra-Territorial Application of Competition Law
By
Surendra U. Kanstiya
In case of cross border anti-competitive practices, the competition authorities are, at times, unable to proceed against erring enterprises due to the tack of Jurisdiction. The competition law of a country may not provide for extra-territorial reach. In India, the Supreme Court, in Haridas Exports case considered the extra-territorial reach of the MRTP Commission and ruled that the MRTP Commission would have Jurisdiction only after the goods were imported and restrictive practice had taken place. As a result, in certain situations, the MRTP Commission's authority appeared inadequate to tackle competition issues. The loophole, however, has been plugged in the incoming competition law i.e. the Competition Act, 2002.
A giant business undertaking located abroad abuses its bigness in Indian market.....; few business enterprises established abroad form a cartel and operate from outside India.......: two or more undertakings situated outside India and having business interest in In ....