Srishti Roy, Chanakya National Law University
“Good Consumers and Competition Policy have the same goal to help markets work for consumers and for all the fair dealings enterprises that serve consumers well” - Philip Lowe
ABSTRACT
Competition Act and consumer protection Act are somewhat identical in the sense that both the laws aimed to achieve consumer welfare. The consumer protection Act deals mainly with the vertical relationship between consumer and producer whereas, competition Act deals with horizontal relation between producer and consumer. Both deal with the vagarities in the market place, which is supposed to be driven by the interaction between supply and demand. A consumer directly gets relief under the consumer protection Act either by filing a complaint in district forum, state forum or national commission according to the jurisdiction or monetary value and hence an appeal from national forum lies to the Supreme Court CCI does not directly provide relief to consumers. There is a duty to eliminate practice which has an adverse effect on competition as it promotes and sustain competition which leads to protection of consumer welfare whereas, under CCI any consumer who suffers loss from anti- competitive agreement or abusive dominant position can file a complaint to the CCI afterwards the commission will proceed into inquiry if it finds prima facie abuse of dominance under section 19 of the Act.
The paper deals with interrelation between competition law and consumer protection Act. why competition law evolved after repealing MRTP Act, how competition policy leads to economic growth and provides different choices to the consumer in the competitive market. The competition law prevent the consumer from unfair and restrictive trade practices, abuse of dominant position from cartels, bid-rigging, price fixing etc. if a service provider indulges in any of the above practices he is penalised under the competition commission Act. Thus, the paper comprises of how sec 3,4,5 and 6, of the competition Act functions and what remedies are provided to the consumer separately under the Competition Act and Consumer Protection Act.
