Annexure - Format of Competition Assessment - CCI (Competition Assessment Of Economic Legislations And Policies) Guidelines, 2016

Annexure Format of Competition Assessment [1] 1. Name of Legislation / Policy [2] .. 2. Current Status of the Legislation / Policy 3. General Competition Assessment (Please elaborate in 500-800 Words. Please give an overall assessment keeping in view the provisions of the Legislation/ Policy, which promote competition, and which hinder competition in the context of overall economic environment to which the legislation/ policy relates to.) 4. Does the Legislation / Policy have any provision (including the manner of its implementation) which could cause appreciable adverse effect on competition in the relevant market in India? (Please elaborate, keeping in view the relevant market as the assessor defines it.) 5. Does the Legislation / Policy have any provision (including the manner of its implementation) which could humble any of the salient features of a competitive market, namely, free entry and free exit, number of participants, perfect symmetry of information, and ability and motivation of participants to compete? (Please elaborate.) 6. Does the Legislation / Policy have any provision (including the manner of its implementation) which could restrict the freedom of producers, suppliers or consumers in the market or their choices? (Please elaborate.) 7. Does the Legislation / Policy have any provision (including the manner of its implementation) which could be in disharmony with the objectives of the Competition Act, 2002, namely, prevention of practices having adverse effect on competition, promotion and sustenance of competition in markets, protection of the interests of consumers, and freedom of trade carried on by other participants in markets, in India? (Please elaborate.) 8. Comments on each of the anti-competitive (anti-competitive according to the assessor) provisions in the Legislation / Policy in the following format (Please have a separate table as under for each such anti-competitive provision) [3] : (a) Clause / Section / Para / Item No. of Legislation / Policy: Provisions in this Clause (Reproduce from the Legislation / Policy) What are the likely effects of this Clause on competition? (Please elaborate) What could be rationale behind this Clause? (Please elaborate) Are the provisions in this Clause absolutely necessary in the present form to achieve the objectives of the Legislation / Policy? (Please elaborate) What modifications are required in this Clause from competition perspective? (Please suggest modifications. Modification could be incorporation of sun-set clause.) Do the modifications, if accepted, come on the way of achieving the objectives of the Legislation / Policy? (Please elaborate) Is there any countervailing factor that could possibly justify continuing with the existing provision in the Clause? (Please elaborate) (b) Clause / Section / Para / Item No. of Legislation / Policy: Provisions in this Clause (Reproduce from the Legislation / Policy) What are the likely effects of this Clause on competition? (Please elaborate) What could be rationale behind this Clause? (Please elaborate) Are the provisions in this Clause absolutely necessary in the present form to achieve the objectives of the Legislation / Policy? (Please elaborate) What modifications are required in this Clause from competition perspective? (Please suggest modifications. Modification could be incorporation of a sun-set clause.) Do the modifications, if accepted, come on the way of achieving the objectives of the Legislation / Policy? (Please elaborate) Is there any countervailing factor that could possibly justify continuing with the existing provision in the Clause? (Please elaborate) (c) Clause / Section / Para / Item No. of Legislation / Policy: (Please add as many tables as anti-competitive Clauses the Legislation / Policy has) Signature(s) On behalf of the Institution Date Or Signature(s) Officers of the in-house Team Date . Footnotes:- 1 For the present, this exercise is limited to competition assessment. However, this could be enriched to include competition impact assessment to the extent the assessor has data and information. 2 These are upcoming / existing economic legislations or policies (Acts, Bills, Rules, Regulations and Policies). 3 Please attach model, estimate, data, table, or graph, if any, in support of the assessment.