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General Summary:
o At international level the Pesticides sector is characterized by what may be
called monopolistic competition, while the Cement industry is dominated by a
few big companies and is patently cartelized.
o More detailed analysis indicates that the degree of competition in the Pesticides
industry has been increasing in that the concentration levels in terms of sales
has been decreasing over the nineties.
o There is some limited evidence that mergers in the Pesticides sector in high tech
seed segment have been used for substantially increasing market shares.
o There seems to be some presumption that the M&As in cement industry which
fall under the ambit of Section 5 of the Competition Act provisions on
combinations are non-competitive in that the merging firms have a very similar
average cost structure so that they could not have been guided only by
efficiency considerations. However, there is no clear indication that these
mergers have led to any substantial market share increase over time.
o It is clear that current data is available only at the firm level. However, most
firms are multi-product and firm level data cannot be used efficiently to
delineate the relevant product for which competitive behaviour has to be
defined as per Section 2(t) of the Competition Act, 2002. This also creates a
problem in defining the relevant geographic area as specified in Section 2(s)
of the Act. Hence, it seems necessary to work with specific product and plant
level data bases. These are not publicly available. Existing studies tend to look
at concentration, market shares etc. at the national industry level and thus
seriously understate the possibility of anti-competitive behaviour of firms.
market levels. Our study indicates that there is some evidence of price fixation
and market sharing agreements in the sense of Section 3(3)(a) and 3(3)(c) of the
Competition Act. This however, merits further investigation.
IMPACT OF PESTICIDES
Use of pesticides in India began in 1948 when DDT was imported for malaria control and BHC
for locust control. India started pesticide production with manufacturing plant for DDT and
benzene hexachloride (BHC) (HCH) in the year 1952. In 1958, India was producing over 5000
metric tonnes of pesticides. Currently, there are approximately 145 pesticides registered for use,
and production has increased to approximately 85,000 metric tonnes. Rampant use of these
chemicals has given rise to several short-term and long-term adverse effects of these chemicals.
The first report of poisoning due to pesticides in India came from Kerala in 1958 where, over
100 people died after consuming wheat flour contaminated with parathion. Subsequently several
cases of pesticide-poisoning including the Bhopal disaster have been reported.
Despite the fact that the consumption of pesticides in India is still very low, about 0.5 kg/ha of
pesticides against 6.60 and 12.0 kg/ha in Korea and Japan, respectively, there has been a
widespread contamination of food commodities with pesticide residues, basically due to non-
judicious use of pesticides. In India, 51% of food commodities are contaminated with pesticide
residues and out of these, 20% have pesticides residues above the maximum residue level values
on a worldwide basis. It has been observed that their long-term, low-dose exposure are
increasingly linked to human health effects such as immune-suppression, hormone disruption,
diminished intelligence, reproductive abnormalities, and cancer. In this light, problems of
pesticide safety, regulation of pesticide use, use of biotechnology, and biopesticides, and use of
pesticides obtained from natural plant sources such as neem extracts are some of the future
strategies for minimizing human exposure to pesticides.