1) The Competition Act prohibits or
regulates (A) Anticompetitive agreements (u/s 3 of the Act) (B) Abuse of dominant position (u/s 4 ofthe Act) (C) Combinations (u/s 5 & 6 of the Act).
2) . Section 3 (1) of theCompetition Act prohibits any agreement with respect to “production, supply, distribution, storage, andacquisition or control of goods or services which causes or is likely to cause an appreciable adverse effect on competition within India”.
3) Section 19
(3) provides the following factors that the CCI must have due regard to which determining whether an
agreement has an AAEC under Section 3:
i. creation of barriers to new entrants in the market;
ii. driving existing competitors out of the market;
iii. foreclosure of competition by hindering entry into the market;
iv. accrual of benefits to consumers;etc
4) Section 4 prohibits any enterprise from abusing its dominant position. The term ‘dominant position’has been defined in the Act as “a position of strength, enjoyed by an enterprise, in the relevant market,
in India, which enables it to operate independently of competitive forces prevailing in the relevantmarket; or affect its competitors or consumers or the relevant market in its favour”
5) Section 27 of the Act lays down remedies for the violation of Section 3 and 4 of the Competition Act.
The CCI may issue a “cease and desist’ order, or impose a penalty not exceeding ‘10 percent of theaverage turnover during the preceding three years’ from the date of order.
6) on account of abuse of dominant position by Facebook refusing to permit you to advertise while permitting your competitiors to advertise you can lodge complaint with CCI
