INFORMATION TECHNOLOGY INFORMATION TECHNOLOGY ACTACT

Group-6Group-6Group Members:Group Members:

Kunal Jagda Kunal Jagda - 018- 018Sachin More Sachin More - 029- 029Chintan Patel Chintan Patel - 032- 032Ronak Shah Ronak Shah - 045- 045Vinit Shah Vinit Shah - 046- 046Rahul Yesale Rahul Yesale - 053- 053Prem Mehta Prem Mehta - 054- 054Malay Parekh Malay Parekh - 055- 055

Need for IT ActNeed for IT Act The rapid evolution of Internet has raised numerous legal The rapid evolution of Internet has raised numerous legal

issues and questionsissues and questions

Countries throughout the world are formulating way to Countries throughout the world are formulating way to control, regulate and facilitate electronic communication and control, regulate and facilitate electronic communication and commerce and fight against the cyber crime.commerce and fight against the cyber crime.

In many cases, law enforcement officers have lacked the In many cases, law enforcement officers have lacked the tools needed to tackle the problemtools needed to tackle the problem

Old laws didn’t quite fit the crimes being committedOld laws didn’t quite fit the crimes being committed

Debates over privacy issues hampered the ability of Debates over privacy issues hampered the ability of enforcement agency to gather the evidence needed to enforcement agency to gather the evidence needed to prosecute these new casesprosecute these new cases

Section 3: Digital SignatureSection 3: Digital Signature Authentication of electronic recordsAuthentication of electronic records

Law Says:Law Says:

Subject to the provisions of this section any subscriber may Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital authenticate an electronic record by affixing his digital signature.signature.

The authentication of the electronic record shall be effected by The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into envelop and transform the initial electronic record into another electronic record.another electronic record.

Any person by the use of a public key of the subscriber can Any person by the use of a public key of the subscriber can verify the electronic record. verify the electronic record.

The private key and the public key are unique to the subscriber The private key and the public key are unique to the subscriber and constitute a functioning key pair. and constitute a functioning key pair.

Section 2: Digital Signature (contd..)Section 2: Digital Signature (contd..) Legal recognition of digital signaturesLegal recognition of digital signatures

Law Says:Law Says:

Where any law provides that information or any other matter shall be Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed authenticated by affixing the signature or any document shall be signed or bear the signature of any person then, notwithstanding anything or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the digital signature affixed in such manner as may be prescribed by the Central Government.Central Government.

Regulation of Certifying AuthoritiesRegulation of Certifying Authorities

The Information Technology Act empowers the Controller of Certifying The Information Technology Act empowers the Controller of Certifying Authorities to regulate licensed Certifying Authorities in India. Authorities to regulate licensed Certifying Authorities in India.

The Central Government is empowered to appoint:The Central Government is empowered to appoint: A Controller of Certifying AuthoritiesA Controller of Certifying Authorities Deputy Controllers Deputy Controllers Assistant ControllersAssistant Controllers

Cyber CrimeCyber Crime In general Terms Cyber crime is defined as an unlawful acts wherein the In general Terms Cyber crime is defined as an unlawful acts wherein the

computer is either a tool or target or bothcomputer is either a tool or target or both

Against IndividualsAgainst Individuals Harassment via e-mails.Harassment via e-mails. Dissemination of obscene material.Dissemination of obscene material. Unauthorized control/access over computer system.Unauthorized control/access over computer system. Email spoofingEmail spoofing Cheating & FraudCheating & Fraud

Against SocietyAgainst Society PornographyPornography Financial crimesFinancial crimes Sale of illegal articlesSale of illegal articles Online gamblingOnline gambling ForgeryForgery

Against NationAgainst Nation Unauthorized control/access over computer systemUnauthorized control/access over computer system Possession of unauthorized information.Possession of unauthorized information. Cyber terrorism against the government organizationCyber terrorism against the government organization

Case Study:Case Study: Hacking with computer system - Bangalore techie convicted in hacking case Hacking with computer system - Bangalore techie convicted in hacking case

The Press Information Bureau (PIB), Chennai, had lodged a complaint with the CBI after it The Press Information Bureau (PIB), Chennai, had lodged a complaint with the CBI after it found some misunderstanding cropping up amongst its staff due to an e-mail found some misunderstanding cropping up amongst its staff due to an e-mail communication. communication.

During the investigation, CBI found that Arunkumar had logged into the PIB accounts after During the investigation, CBI found that Arunkumar had logged into the PIB accounts after hacking passwords. hacking passwords.

He had made alterations in the computer database pertaining to the users.He had made alterations in the computer database pertaining to the users.

He was sentenced to undergo one year rigorous imprisonment and pay a fine of Rs 5,000 He was sentenced to undergo one year rigorous imprisonment and pay a fine of Rs 5,000 after being convicted in a hacking caseafter being convicted in a hacking case

Section 66: Hacking with computer systemSection 66: Hacking with computer system

Law Says :Law Says :

when there is intent to cause or knowledge that one is likely to cause wrongful when there is intent to cause or knowledge that one is likely to cause wrongful loss or damage to the public or any person by destroying or deleting or altering loss or damage to the public or any person by destroying or deleting or altering any information residing in a computer resource or diminishing its value or utility any information residing in a computer resource or diminishing its value or utility or affecting it injuriously by any means.or affecting it injuriously by any means.

Punishment :Punishment :

Imprisonment up to three years, or fine which may extend upto Two lakh rupees, Imprisonment up to three years, or fine which may extend upto Two lakh rupees, or with both. Non – Bailable.or with both. Non – Bailable.

Case Study:Case Study: Cyber Terrorism - Cyber Terrorism - Threat email: Police slap cyber-terrorism Threat email: Police slap cyber-terrorism chargescharges

The police registered a case of ‘cyber terrorism’ when threat email was sent to the BSE The police registered a case of ‘cyber terrorism’ when threat email was sent to the BSE and NSEand NSE

An email challenging the security agencies to prevent a terror attack was sent by one An email challenging the security agencies to prevent a terror attack was sent by one Shahab Md with an ID sh.itaiyeb125@yahoo.in to BSE’s administrative email ID Shahab Md with an ID sh.itaiyeb125@yahoo.in to BSE’s administrative email ID corp.relations@bseindia.com corp.relations@bseindia.com

The IP address of the sender was traced to Patna in Bihar and the person was brought to The IP address of the sender was traced to Patna in Bihar and the person was brought to justice for cheating, criminal intimidation cases under the IPC and a cyber-terrorism justice for cheating, criminal intimidation cases under the IPC and a cyber-terrorism case under the IT Actcase under the IT Act

Section 66 F: Cyber TerrorismSection 66 F: Cyber Terrorism Law Says:Law Says:

Whoever with intent to threaten the unity, integrity, security or sovereignty of Whoever with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people byIndia or to strike terror in the people or any section of the people bydenying or cause the denial of access to any person authorized to access denying or cause the denial of access to any person authorized to access computer resourcecomputer resourceattempting to penetrate or access a computer resource without attempting to penetrate or access a computer resource without authorization or exceeding authorized accessauthorization or exceeding authorized accessintroducing or causing to introduce any computer contaminant introducing or causing to introduce any computer contaminant

PunishmentPunishment

Cyber terrorism is punishable with imprisonment which may extend to Cyber terrorism is punishable with imprisonment which may extend to imprisonment for life, imprisonment for life, Non-BailableNon-Bailable

Section 65: Tampering with computer source documentsSection 65: Tampering with computer source documentsLaw Says:Law Says:Whoever knowingly or intentionally conceals, destroys or alters Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, or alter any computer source code used for a computer, computer program, computer system or computer network, computer program, computer system or computer network, when the computer source code is required to be kept or when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishablemaintained by law for the time being in force, shall be punishable

PunishmentPunishmentImprisonment up to three years, or with fine which may extend Imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.up to two lakh rupees, or with both. Non-Bailable Non-Bailable

Case Study: Tampering with computer source documents Saket Case Study: Tampering with computer source documents Saket

Singhania an engineer was sent by his employer to America to Singhania an engineer was sent by his employer to America to develop a software program for the company. develop a software program for the company.

Singhania, instead of working for the company, allegedly sold the Singhania, instead of working for the company, allegedly sold the source code of the program to an American client of his employer source code of the program to an American client of his employer Due to which the employer of Saketh suffered loss. Due to which the employer of Saketh suffered loss.

This case which was registered under Section 65 of the IT Act, for This case which was registered under Section 65 of the IT Act, for theft of computer source codetheft of computer source code

Case Study: Publishing of information which is obscene in electronic formCase Study: Publishing of information which is obscene in electronic form Doctor found guilty in cyber porn caseDoctor found guilty in cyber porn case

A fast-track court in Chennai convicted Dr L Prakash, an orthopaedician, for making porn films A fast-track court in Chennai convicted Dr L Prakash, an orthopaedician, for making porn films and selling them abroad.and selling them abroad.

He use to sell the cd’s in the United States and France, marked “materials on surgical He use to sell the cd’s in the United States and France, marked “materials on surgical procedures”procedures”

Person was charged underPerson was charged underSection 67 of the IT ActSection 67 of the IT ActIPC Sections 120 B (conspiracy) and IPC Sections 120 B (conspiracy) and 367 (kidnapping), 367 (kidnapping), Section 516 of the Immoral Trafficking (Prevention) Act, Section 516 of the Immoral Trafficking (Prevention) Act, Sections 4 and 6 of the Indecent Representation of Women (prohibition) ActSections 4 and 6 of the Indecent Representation of Women (prohibition) Act

Section 67: Publishing of information which is obscene in electronic Section 67: Publishing of information which is obscene in electronic formform Law SaysLaw Says::Publishing or transmitting or causing to be published in the electronic form, Publishing or transmitting or causing to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained regard to all relevant circumstances, to read, see or hear the matter contained or embodied in itor embodied in it

PunishmentPunishmentOn first convictionOn first conviction - imprisonment of either description for a term which - imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupeesmay extend to five years and with fine which may extend to one lakh rupeesSecond or subsequent conviction Second or subsequent conviction - imprisonment of either description for - imprisonment of either description for a term which may extend to ten years and also with fine which may extend to a term which may extend to ten years and also with fine which may extend to two lakh rupees.two lakh rupees. Non-Bailable. Non-Bailable.

Section 71: Penalty for MisrepresentationSection 71: Penalty for MisrepresentationLaw Says:Law Says:Whoever makes any misrepresentation to, or suppresses any material fact from, the Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate, as the case may be, Shall be punishedCertificate, as the case may be, Shall be punished

This section applies to: This section applies to: a person, who, for obtaining a digital signature certificate- a person, who, for obtaining a digital signature certificate- makes a misrepresentation to the Certifying Authority, makes a misrepresentation to the Certifying Authority, suppresses any material fact from the Certifying Authority. suppresses any material fact from the Certifying Authority. a person obtaining a license to operate as a Certifying Authority- a person obtaining a license to operate as a Certifying Authority- makes a misrepresentation to the Controller makes a misrepresentation to the Controller suppresses any material fact from the Controllersuppresses any material fact from the Controller

PunishmentPunishmentimprisonment up to 2 years and / or fine up to Rs. 1 lakhimprisonment up to 2 years and / or fine up to Rs. 1 lakh

Illustration: Penalty for MisrepresentationIllustration: Penalty for Misrepresentation

Sameer is applying for a digital signature certificate. He fills in his name as Sameer is applying for a digital signature certificate. He fills in his name as “Siddharth” and also submits photocopies of Siddhartha's passport as proof of “Siddharth” and also submits photocopies of Siddhartha's passport as proof of identity identity

Sameer is liable for misrepresenting information to the Certifying AuthoritySameer is liable for misrepresenting information to the Certifying Authority

Section 72: Penalty for Breach of Confidentiality and Section 72: Penalty for Breach of Confidentiality and PrivacyPrivacyAct SaysAct Says: : Any person who has secured access to any electronic record, book, register, Any person who has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of correspondence, information, document or other material without the consent of the person concerned, discloses such electronic record, book, register, the person concerned, discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall correspondence, information, document or other material to any other person shall be punished.be punished.

PunishmentPunishmentimprisonment for a term which may extend to two years, or with fine which may imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. For disclosure of information in breach of extend to one lakh rupees, or with both. For disclosure of information in breach of contract is imprisonment for a term up to three years or with fine up to five lakh contract is imprisonment for a term up to three years or with fine up to five lakh rupees or with both.rupees or with both.

Case Study : Pune Citibank mphasis call center fraudCase Study : Pune Citibank mphasis call center fraudIn call Center written Non-Disclosure & Confidentiality Agreement is In call Center written Non-Disclosure & Confidentiality Agreement is obtained at the time of joining from each employeeobtained at the time of joining from each employeeSome employees gained the confidence of the customer and obtained Some employees gained the confidence of the customer and obtained their PIN numbers under the guise of helping the customers out of difficult their PIN numbers under the guise of helping the customers out of difficult situationssituationswhich was then used to transfer money out of those customers' accounts which was then used to transfer money out of those customers' accounts and into their accounts in puneand into their accounts in puneTotal $350,000 form accounts of US Customers were dishonestly Total $350,000 form accounts of US Customers were dishonestly transferredtransferredcriminals were traced and brought to justicecriminals were traced and brought to justicePolice recovered $23,000 funds allegedly stolenPolice recovered $23,000 funds allegedly stolen

ConclusionConclusion To curb computer crimes, the police alone cannot make all the To curb computer crimes, the police alone cannot make all the

difference. difference.

Awareness regarding these cyber laws must be created Awareness regarding these cyber laws must be created

Private and Non-Governmental organizations must play an Private and Non-Governmental organizations must play an active roleactive role

Judiciary will also have to play a proactive role in adjudicating Judiciary will also have to play a proactive role in adjudicating cyber trials. cyber trials.

They must themselves study the laws carefully and effectively They must themselves study the laws carefully and effectively enforce them. enforce them.

Co-ordination amongst the organizations, police and judiciary Co-ordination amongst the organizations, police and judiciary will definitely create some impact and minimize the crime rate.will definitely create some impact and minimize the crime rate.

Competition Competition commission of commission of

India India

Definition of competition ?Definition of competition ?

““CompetitionCompetition”” is an evasive term is an evasive term

It is not defined in the ActIt is not defined in the Act

It refers to economic rivalry amongst economic It refers to economic rivalry amongst economic enterprises to control greater market powerenterprises to control greater market power

Economic enterprises compete to outsmart their Economic enterprises compete to outsmart their competitors and in the process sometimes competitors and in the process sometimes eliminate rivals.eliminate rivals.

Level of Competition does not depend upon Level of Competition does not depend upon number of players in an industry but degree of number of players in an industry but degree of contestability.contestability.

Benefits of CompetitionBenefits of Competition

Promotes efficiency;Promotes efficiency; Encourages innovation;Encourages innovation; Punishes the laggards; Punishes the laggards; Facilitates better governance;Facilitates better governance; Boosts choice improves quality, Boosts choice improves quality, Reduce costs;Reduce costs; Ensures availability of goods in abundance Ensures availability of goods in abundance

of acceptable quality at affordable priceof acceptable quality at affordable price..

The Competition Act was passed by the Parliament in the The Competition Act was passed by the Parliament in the year 2002.year 2002.

The President accorded assent in January, 2003.The President accorded assent in January, 2003.

It was subsequently amended by the Competition It was subsequently amended by the Competition (Amendment) Act, 2007.(Amendment) Act, 2007.

The Competition Commission of India and the The Competition Commission of India and the Competition Appellate Tribunal have been established. Competition Appellate Tribunal have been established.

The provisions of the Competition Act relating to anti-The provisions of the Competition Act relating to anti-competitive agreements and abuse of dominant position competitive agreements and abuse of dominant position were notified on May 20, 2009. were notified on May 20, 2009.

The Competition Act, 2002

COMPETITION ACT, 2002COMPETITION ACT, 2002

OBJECTIVESOBJECTIVES:-:-

To prevent practices having appreciable adverse effect on To prevent practices having appreciable adverse effect on competition;competition;

to promote and sustain competition in trade and industry;to promote and sustain competition in trade and industry;

to protect the interest of consumers;to protect the interest of consumers;

to ensure freedom of trade carried on by the participants in to ensure freedom of trade carried on by the participants in market in India;market in India;

Establishment of the Competition Commission of India.Establishment of the Competition Commission of India.

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The objectives of Competition Law have been further highlighted The objectives of Competition Law have been further highlighted in a recent judgment delivered by Hon'ble Supreme Court as:in a recent judgment delivered by Hon'ble Supreme Court as:

""The main objective The main objective of competition law is to of competition law is to promote promote economic efficiencyeconomic efficiency using competition as one of the means of using competition as one of the means of assisting the creation of market responsive to consumer assisting the creation of market responsive to consumer preferences. The advantages of perfect competition are three-preferences. The advantages of perfect competition are three-fold: fold: allocative efficiency,allocative efficiency, which ensures the effective which ensures the effective allocation of resources, allocation of resources, productive efficiencyproductive efficiency, which ensures , which ensures that costs of production are kept at a minimum and that costs of production are kept at a minimum and dynamic dynamic efficiencyefficiency, which promotes innovative practices.", which promotes innovative practices."

Prohibit Prohibit anti-competitive agreements anti-competitive agreements (including cartels)(including cartels)

The Act deals with following kind of agreements.The Act deals with following kind of agreements.

Horizontal Agreements, whichHorizontal Agreements, which::fix (determine) prices fix (determine) prices limit or control production, supply, technical development limit or control production, supply, technical development etc. etc. allocate areas or customers allocate areas or customers bid rigging or collusive biddingbid rigging or collusive biddingThese type of agreements are presumed to cause These type of agreements are presumed to cause appreciable adverse effect on competition.appreciable adverse effect on competition. Shall not apply to any agreement entered into by way of Shall not apply to any agreement entered into by way of joint venturesjoint ventures if such agreement increases efficiency in if such agreement increases efficiency in production, supply, distribution, storage, acquisition or production, supply, distribution, storage, acquisition or control of goods or provision of servicescontrol of goods or provision of services. .

Anti-competitive agreementsSection 3

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b.Vertical Agreements such as:

tie in arrangement exclusive supply or distribution refusal to deal resale price maintenanceThese type of agreements are not outright

prohibited but subject to ‘rule of reasoning’. Only if they cause or likely to appreciable adverse effect on competition, they are prohibited.

However, exemption has been provided to agreements involving intellectual property rights (IPRs) and to the right of any person to export goods from India to the extent the agreement relates exclusively to production, supply, distribution or control of goods or provision of services for such exports.

Existence of DominanceExistence of DominanceAndAnd

Exercise of Dominance Exercise of Dominance Existence of dominance is not Existence of dominance is not

bad.bad.

Exercise of dominance if it Exercise of dominance if it falls amongst falls amongst ‘‘AbusesAbuses’’, is only , is only frowned uponfrowned upon

Dominance means position of Dominance means position of strength which enables it to strength which enables it to operate independent of operate independent of competitors, consumers or competitors, consumers or relevant market in its favour.relevant market in its favour.

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Abuse of dominant positionAbuse of dominant position(Section 4)(Section 4)

There shall be an abuse of dominant position, if an enterprise or a group :There shall be an abuse of dominant position, if an enterprise or a group :——

Directly or indirectly, imposes unfair or discriminatory—Directly or indirectly, imposes unfair or discriminatory— Condition in purchase or sale of goods or service; orCondition in purchase or sale of goods or service; or Price in purchase or sale (including predatory price) of goods or Price in purchase or sale (including predatory price) of goods or service.service.

Limits or restricts—Limits or restricts— Production of goods or provision of services or market therefore; orProduction of goods or provision of services or market therefore; or Technical or scientific development relating to goods or services to Technical or scientific development relating to goods or services to the prejudice of consumers; orthe prejudice of consumers; or

Indulges in practices resulting in denial of market access orIndulges in practices resulting in denial of market access or

Makes conclusion of contracts subject to acceptance by other Makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject according to commercial usage, have no connection with the subject of such contracts; orof such contracts; or

Uses its dominant position in one relevant market to enter into, or Uses its dominant position in one relevant market to enter into, or protect, other relevant market.protect, other relevant market.

Inquiry into certain agreements Inquiry into certain agreements (Section 19)(Section 19)

The Commission shall, while determining whether an agreement The Commission shall, while determining whether an agreement has an appreciable adverse effect on competition , have due has an appreciable adverse effect on competition , have due regard to the following factors, namely: —regard to the following factors, namely: —

Creation of Creation of barriers to new entrants barriers to new entrants in the market;in the market;

Driving existing Driving existing competitors out competitors out of the market;of the market;

Hindering entry Hindering entry into the market;into the market;

Accrual of Accrual of benefits to consumersbenefits to consumers

ImprovementsImprovements in production or distribution of goods or provision of services; in production or distribution of goods or provision of services;

Promotion of technical, scientific and economic development Promotion of technical, scientific and economic development by means of by means of production or distribution of goods or provision of services.production or distribution of goods or provision of services.

To Determine Dominance, the factors to be To Determine Dominance, the factors to be considered are:-considered are:-

market share market share of enterprise,of enterprise,

sizesize and resources of enterprise, and resources of enterprise,

size and important of size and important of competitors,competitors,

Commercial advantage Commercial advantage of competitors,of competitors,

Vertical integration,Vertical integration,

Dependence of Dependence of consumers,consumers,

Entry barriers,Entry barriers,

Contribution to Contribution to economic development economic development any other factor.any other factor.

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The CCI has been empowered to impose penalty which can be up to 10% of the average turnover for the last three preceding financial years upon each such enterprise who are parties to such agreements or abuse.

In case of cartel, the Commission shall impose a penalty equivalent to three times of the amount of profits made out or 10% of average turn over whichever is more.

Penalty for anti competitive agreements / abuse of dominant position

Composition of CommissionComposition of Commission(Section 8)(Section 8)

The Commission shall consist of The Commission shall consist of a Chairperson a Chairperson and and not not less than two and not more than six other less than two and not more than six other Members Members to be appointed by the Central Government. to be appointed by the Central Government.

The Chairperson and every other Member shall be a The Chairperson and every other Member shall be a person of ability, person of ability, integrity and standing and who has integrity and standing and who has special knowledge of, and such professional special knowledge of, and such professional experience of not less than fifteen years experience of not less than fifteen years in, in, international trade, economics, business, commerce, law, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public finance, accountancy, management, industry, public affairs or competition matters, including competition law affairs or competition matters, including competition law and policy, which in the opinion of the Central and policy, which in the opinion of the Central Government, may be useful to the Commission.Government, may be useful to the Commission.

Competition AdvocacyCompetition Advocacy(Section 49)(Section 49)

OverviewOverviewUnder the competition advocacy initiative, the Commission organizes Under the competition advocacy initiative, the Commission organizes interactive meetings, seminars, etc with different trade organizations, interactive meetings, seminars, etc with different trade organizations, consumer associations, stakeholders and the public at large to spread consumer associations, stakeholders and the public at large to spread awareness about the Competition Law and the Commission.awareness about the Competition Law and the Commission.

Objectives of Competition AdvocacyObjectives of Competition AdvocacySpread awareness Spread awareness about Competition Act and the CCI among about Competition Act and the CCI among various stakeholders.various stakeholders.Familiarizes business enterprisesFamiliarizes business enterprises, central government , central government ministries, state government ministries,central / state PSUs about ministries, state government ministries,central / state PSUs about the importance and benefits of fair competition and ensure the importance and benefits of fair competition and ensure compliance of      the provisions of Competition Act by them.compliance of      the provisions of Competition Act by them.SensitizeSensitize departments/ministries of central / state governments, departments/ministries of central / state governments, and PSUs about nuances of competition law, and PSUs about nuances of competition law, to facilitate to facilitate competition audit of their respective laws competition audit of their respective laws on different on different subjects.subjects.Take Take confidence building measures confidence building measures among business among business enterprisesenterprises and other and other stakeholders stakeholders associated with competition.associated with competition.

Benefits to Centre & State Governments•Several advantages, finally reflecting by way of savings for exchequers, accrue to central and state governments by virtue of adhering to fair competition norms.•Fair competition among suppliers improves VFM (Value For Money) gains for procurement agencies.•Positive effect takes place on wages, working conditions and workers' welfare as a result of increase in allocative   efficiencies arising in labour market.•Small enterprises, self-employed and micro-retailers are protected against abuse of dominance by bigger enterprises.

Competition Law and CCI can help government and government bodies by: •Helping to sensitize their procurement officers to the harmful effects of anti competitive practices by suppliers,contractors or manufacturers.•Helping identifying areas where bid-rigging, cartelisation of abuse of dominance may be taking place more often.•Familiarising with the legal remedies available in     competition law.•Helping them develop competition compliance programs.•Providing competition advise.•Helping Nodal Officers at state level in overseeing the task     of ensuring fair competition.

Anti-competitive agreements Anti-competitive agreements (Section 3)(Section 3)

Abuse of dominant position Abuse of dominant position (Section (Section 4)4)

Regulate combination Regulate combination

(Section 5 / 6)(Section 5 / 6) Role of Role of Competition Commission of Competition Commission of

India India

(Section 8/18/19/20)(Section 8/18/19/20) Entrust the Competition Commission the Entrust the Competition Commission the

responsibility of undertaking responsibility of undertaking competition advocacycompetition advocacy, awareness and , awareness and training about competition issues.training about competition issues.

(Section 49)(Section 49)

5 pillars of the act