law: The Competition Act, 2002 
  19. Inquiry into
  
  certain agreements and dominant position of enterprise.-
  1.  
  
    The
  
  Commission may inquire into any alleged contravention of the provisions
  
  contained in sub-section (1) of section 3 or sub-section (1) of section 4
  
  either on its own motion or on- 
  a.   receipt of a
  
  complaint, accompanied by such fee as may be determined by regulations, from
  
  any person, consumer or their association or trade association; or
  b.   a reference made to
  
  it by the Central Government or a State Government or a statutory authority.
  1.  
  
  
  
  
  2.  
  
    Without
  
  prejudice to the provisions contained in sub-section (1), the powers and
  
  functions of the Commission shall include the powers and functions specified in
  
  sub-sections (3) to (7).
  3.  
  
    The
  
  Commission shall, while determining whether an agreement has an appreciable
  
  adverse effect on competition under section 3, have due regard to all or any of
  
  the following factors, namely:- 
  a.   creation of barriers
  
  to new entrants in the market;
  b.   driving existing
  
  competitors out of the market;
  c.   foreclosure of
  
  competition by hindering entry into the market;
  d.   accrual of benefits
  
  to consumers;
  e.   improvements in
  
  production or distribution of goods or provision of services;
  f.   promotion of
  
  technical, scientific and economic development by means of production or
  
  distribution of goods or provision of services.
  1.  
  
  
  2.  
  
  
  3.  
  
  
  4.  
  
    The
  
  Commission shall, while inquiring whether an enterprise enjoys a dominant
  
  position or not under section 4, have due regard to all or any of the following
  
  factors, namely:- 
  a.   market share of the
  
  enterprise;
  b.   size and resources of
  
  the enterprise;
  c.   size and importance
  
  of the competitors;
  d.   economic power of the
  
  enterprise including commercial advantages over competitors;
  e.   vertical integration
  
  of the enterprises or sale or service network of such enterprises;
  f.   dependence of
  
  consumers on the enterprise;
  g.   monopoly or dominant
  
  position whether acquired as a result of any statute or by virtue of being a
  
  Government company or a public sector undertaking or otherwise;
  h.   entry barriers
  
  including barriers such as regulatory barriers, financial risk, high capital
  
  cost of entry, marketing entry barriers, technical entry barriers, economies of
  
  scale, high cost of substitutable goods or service for consumers;
  i.   countervailing buying
  
  power;
  j.   market structure and
  
  size of market;
  k.   social obligations
  
  and social costs;
  l.   relative advantage,
  
  by way of the contribution to the economic development, by the enterprise
  
  enjoying a dominant position having or likely to have an appreciable adverse
  
  effect on competition;
  m.   any other factor
  
  which the Commission may consider relevant for the inquiry.
  1.  
  
  
  2.  
  
  
  
  
  3.  
  
  
  4.  
  
  
  5.  
  
    For
  
  determining whether a market constitutes a "relevant market" for the
  
  purposes of this Act, the Commission shall have due regard to the
  
  "relevant geographic market" and "relevant product market".
  
  
  
  
  6.  
  
    The
  
  Commission shall, while determining the "relevant geographic market",
  
  have due regard to all or any of the following factors, namely:- 
  a.   regulatory trade
  
  barriers;
  b.   local specification
  
  requirements;
  c.   national procurement
  
  policies;
  d.   adequate distribution
  
  facilities;
  e.   transport costs;
  f.   language;
  g.   consumer preferences;
  
  
  h.   need for secure or
  
  regular supplies or rapid after-sales services.
  1.  
  
  
  2.  
  
  
  
  
  3.  
  
  
  4.  
  
  
  5.  
  
  
  6.  
  
  
  7.  
  
    The
  
  Commission shall, while determining the "relevant product market",
  
  have due regard to all or any of the following factors, namely:- 
  a.   physical
  
  characteristics or end-use of goods;
  b.   price of goods or
  
  service;
  c.   consumer preferences;
  
  
  d.   exclusion of in-house
  
  production;
  e.   existence of
  
  specialised producers;
  f.   classification of
  
  industrial products.