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Monopoly
Control Authority was established in 1970.The
broad objective of the existing law i.e.
the Monopolies and Restrictive Trade Practices
(Control and Prevention) Ordinance, 1970
is to provide for measures against undue
concentration of economic power, monopoly
power and restrictive trade practices. The
law spells out the situations which shall
be deemed to constitute undue concentration
of economic power, unreasonable monopoly
power and unreasonably restrictive trade
practices. The scheme of the law is to prohibit
these clearly defined situations and to
collect information through the process
of registration about these and other circumstances
which are likely to lead to such situations.
2. The existing law was enacted in the backdrop
of reaction to the creation of 22 families
in the decade1958-68 and is not in line
with the policy of the government for a
free market economy with key elements of
liberalization, de-regulation, privatization
and attracting investment. The present day
international best practice is to provide
for a competition regime in all spheres
of economic activity. Accordingly, anti-competitive
behavior in all its form is to be discouraged.
At present MCA is engaged in finalizing
a Competition law with technical assistance
of the World Bank. This will entail capacity
building and creation of a new Competition
Authority. Competition advocacy is also
being given the importance it deserves.
3. In the past six months, the Authority
handled cases of restrictive trade practices
in Sugar and Cement industry. Sugar mills
which were withholding stocks were directed
to release stocks so that artificial shortage
of the commodity is not created in the market.
The cement factories were found involved
in restricting production, dispatches and
price increase. They were directed to break
the cartel and reduce prices. The cement
factories did not report compliance of Orders
of the Authority. After due process, penalties
have been imposed as provided in the Ordinance.
About 165 pending Show Cause Notices have
also been reviewed. All such Notices not
in line with the existing investment policy
have been settled.
4. MCA is striving for a competition regime
in which level playing field is provided
between public and private sectors as well
as local and foreign investments. There
should be no barriers to entry and exit.
The important lesson of history is that
interest of the consumers should not be
sacrificed at the altar of free market economy.
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