COMPETITION ADVOCACY UNDER SECTION 49 OF COMPETITION ACT,2002

COMPETITION ADVOCACY
(Section 49 in the Competition Act, 2002)(as amended in 2007) 
It mandates the CCI to undertake advocacy for promoting competition.It defines competition advocacy as:-
  1. The Central Government may, in formulating a policy on competition (including review of laws related to competition) or on any other matter, and a State Government may, in formulating a policy on competition or on any other matter, as the case may be, make a reference to the Commission for its opinion on possible effect of such policy on competition and on the receipt of such a reference, the Commission shall, within sixty days of making such reference, give its opinion to the Central Government, or the State Government, as the case may be, which may thereafter take further action as it deems fit.
  2. The opinion given by the Commission under sub-section (1) shall not be binding upon the Central Government or the State Government, as the case may be, in formulating such policy.
  3. The Commission shall take suitable measures for the promotion of competition advocacy, creating awareness and imparting training about competition issues. https://deepanshuroy.blogspot.com/2017/11/competition-advocacy-under-section-49.html
Note:
  • The opinion of the commission is not binding on the government.
  • The making of the policy is the exclusive right of the government.
  • The government may,in its discretion,make a reference to CCI for its opinion thereon but is not bound by it.
  • The power of the centre to issue directions to CCI is inherent,and such directions would bind it.

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