comparison between the Competition Act, 2002 and the repealed MRTP Act, 1969

 Here's a comparison between the Competition Act, 2002 and the repealed MRTP Act, 1969, along with a brief case summary of Excel Crop Care v. CCI:

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⚖️ Comparison: Competition Act, 2002 vs MRTP Act, 1969

Aspect	MRTP Act, 1969	Competition Act, 2002
Objective	Prevent monopolistic and restrictive trade practices	Promote competition and prevent anti-competitive practices
Focus	Market structure (monopolies)	Market behaviour (abuse, agreements, combinations)
Regulator	MRTP Commission	Competition Commission of India (CCI)
Mergers & Acquisitions	Not covered	Covered under regulation of combinations
Consumer Welfare	Indirect focus	Direct and central objective
Penalty Provisions	Weak enforcement powers	Strong penalties and investigation powers
Extraterritorial Jurisdiction	Not provided	Provided under Section 32
Status	Repealed	Active and applicable

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🧾 Case Brief: Excel Crop Care Ltd. v. CCI (2017)

🔹 Citation

Excel Crop Care Ltd. v. Competition Commission of India, (2017) 8 SCC 47

🔹 Facts

• Excel Crop Care and other manufacturers of aluminum phosphide tablets were found to have colluded during government tenders.

• CCI found this to be bid-rigging (a form of cartelization under Section 3(3)(d) of the Competition Act).

🔹 Issues

• Whether the conduct amounted to anti-competitive agreement.

• Whether the penalty should be based on total turnover or relevant turnover.

🔹 Decision

• Supreme Court upheld CCI’s findings of cartelization.

• However, it held that penalty should be based on “relevant turnover”, not total turnover — to ensure proportionality and fairness.

🔹 Importance

• First case to clarify how penalties should be calculated under the Act.

• Reinforced the role of CCI in curbing anti-competitive practices in public procurement.