Comparative Study of Competition Law in Combination Integration: A Legal Contemplation for ensuring fair market dynamics

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Indian Journal of Law and Justice

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Biswas, Sujit Kumar

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University of North Bengal

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In an open market economy, some enterprises may undermine the market by resorting to anti-competitive practices for short-term gains. These practices can completely nullify the benefits of competition. Unfair combinations are one of the facets of these anti-competitive practices. Combinations mean mergers, amalgamations of companies or acquisition of control by another company. Clayton Anti-Trust Act, 1914 regulate the monopolistic trade practices in U.S. In U.K the European Competition Law regulate the Anti-Competitive conduct by companies in European Single market. The objective of this paper is to analyse the recent changes done to the Competition Act, 2002 with respect to combination in India and its comparative study with the Competition Laws of U.S and U.K. This paper came up with the result that after enactment of the Competition Act the merger and amalgamation process has to be according to the law to maintain the Competition in the relevant market. It also underscores the significance of adapting regulatory frameworks of Competition Commission of India (CCI) to the dynamic nature of industries, fostering healthy competition and promoting consumer welfare. As India continues to witness economic growth, the findings of this research contribute to the ongoing discourse on effective competition policy, offering recommendations to enhance regulatory mechanisms and maintain a competitive and vibrant marketplace.

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16

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1

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0976-3570

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129 - 147

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