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INTRODUCTION

Because the producers and the consumers have a history of animosity towards one another, the consumers always suffer as a result. In this approach, the competition law forbids producers from manipulating the existing favorable position they are in. The Indian Supreme Court has determined that the main goal of competition legislation is to use it as a tool to increase financial efficiency and make the market more receptive to consumer preferences.

The following benefits for customers come from using competition as a tool: It is a way to reduce costs and improve quality. Consumer expenses are reduced, increasing the usefulness of the industries with more intense rivalry. 

 It aids in the expansion of the consumer market. The presence of components like the degree of consumer protection, individual decision-making freedom, and a decentralized financial activity system across the country is the primary driver of such strength. The implementation of consumer protection is accelerated by setting the aforementioned objectives. 

PROTECTION IN INDIA

By way of Section 4 of the Competition Act, 2002, which recognises that an enterprise or group will be considered to be abusing its dominant position if it limits or restricts technical or scientific development relating to goods or services to the detriment of consumers, consumers are protected. A corporation or enterprise's dominant position is defined by a number of variables. It is described as, among other things, a company's advantage in the relevant Indian market, which allows it to influence the market or its customers in a positive way.

According to Section 18 of the Act, the Competition Commission of India has the authority to take suo moto action to end practises that have a negative impact on competition, promote and sustain competition, safeguard consumer interests, and guarantee freedom of trade practised by other participants in Indian markets.

In addition to other factors, Section 19(4) states that entry barriers, such as those caused by regulations, financial risk, high capital costs, marketing entry barriers, technical barriers, economies of scale, and high costs of substitute goods or services for customers, also play a role in determining dominant position. According to Sections 19(6) and 19(7), a variety of variables determine the applicable geographic market and product market. Consumer choices rank among the most important criteria.

PROTECTION IN UK 

The UK government announced "tough new powers for the competition watchdog to fine businesses directly who have broken consumer law" in a news release on June 18, 2019. This is in response to Lord Tyrie, Chair of the Competition and Markets Authority ("CMA"), asking for further authority to investigate and punish companies which violate consumer laws. 

Role of Competition and Markets Authority:

• The proposed reforms, which will affect all businesses, regardless of size and industry sector, will expand the CMA's authority to investigate and punish companies for violating consumer protection laws.

• Although the exact scope of the measures is presently unknown, the government has stated that they will allow the CMA to directly penalize violating corporations and may also include consequences against specific persons (such as director disqualification).

• This could result in more CMA inquiries into consumer law violations, more information requests to businesses, and demands on management of the enterprises concerned for more time and resources. Customers and/or consumer advocacy organisations may file more complaints with the CMA about businesses' consumer protection-related actions.

• Therefore, companies should make sure that following consumer protection laws is a top priority for their boards and that they have the necessary compliance strategies in place.

• The Enterprise and Regulatory Reform Act of 2013 imposes a legal obligation on the CMA to endeavour to foster competition for the benefit of consumers in order to achieve its stated goal of making markets work well for consumers, businesses, and the economy.

The primary sources of the CMA's consumer enforcement authority are as follows:

• The Consumer Protection from Unfair Trading Regulations of 2008 ("CPRs"), which impose a general duty on businesses not to trade unfairly with consumers. 

• Civil powers under Part 8 of the Enterprise Act 2002 ("EA02") to stop violations of some consumer laws, and the CMA may seek an enforcement order from a civil court against traders which breach specific laws.

• The Consumer Rights Act 2015 ("CRA"), which protects consumers from traders that use unfair contract terms or notices. 

• criminal powers to prosecute traders who indulge in certain unfair commercial practices.

• the power under Schedule 3 of the CRA to seek an injunction to stop businesses using unfair terms or notices with consumers; and

• investigatory powers to enable it to investigate breaches of consumer law.  

PROTECTION IN USA

The FTC engages with competition and consumer protection agencies in other countries, directly and through international networks, to halt deceptive and anticompetitive business practices that affect U.S. consumers. By defending competition, the FTC fosters free and open markets so that consumers can benefit from reduced costs, better quality goods and services, and more innovation. Enforcing antitrust laws also promotes economic growth, removes barriers to economic opportunity, and enables enterprises to compete on their merits.

 FTC protects consumers by enforcing the antitrust laws in the following ways: 

Prevent Mergers that harm consumers: The FTC examines mergers to make sure that they won't raise prices by removing significant competition. For instance, the FTC prevented a merger between the two biggest foodservice distributors in the nation that may have increased food prices in cafeterias and restaurants across the nation.

Stop business practices that keep prices high: Put an end to the business methods that keep prices high. Winners can be produced in any competition. Because of this, a business can legitimately establish itself as a monopolist by outdoing its competitors in terms of quality of goods, level of service, or pricing. However, it is unlawful for a monopolist to prevent rivals from entering the market and offering lower-priced goods. For instance, the FTC demanded that the owner of a crucial treatment used to treat unwell babies surrender the rights to create a rival medication last month. The FTC said that the corporation bought the rights solely to prevent any other business from creating a cheaper medicine. Additionally, the business paid $100 million in illegal earnings. 

CONCLUSION

Major issue of consumer protection against the exploitation of producers is addressed by developed states like USA and UK through their legal system for the protection of consumers via competition laws. As far as India is concerned, unfair trade practises are not recognised by the Competition Act of 2002. The Consumer Protection Act of 1986 identified these practises, and anyone caught in violation of its requirements faces penalties. The 2002 Competition Act does, however, recognise restrictive trade practises. When a practise has the potential to hinder, stifle, or restrict competition, it is referred to as a restrictive trade practise. Any trade practise that restricts the entry of capital or resources into the production stream is specifically referred to as a restrictive trade practise. Examples of such behaviour include pricing manipulation, placing constraints on the supply or delivery of goods that result in unforeseen expenses and limitations, etc.