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    5 Anti Competitive Agreement

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    Anmol Goswami
    The Competition Act 2002 prohibits certain anti-competitive agreements and abuse of dominant position. Section 3 specifically prohibits anti-competitive agreements that cause or are likely to cause appreciable adverse effect on competition in India. Such agreements include fixing prices, limiting production/supply, market sharing, bid rigging, and certain vertical restraints like tie-in arrangements, exclusive supply/distribution agreements, and refusal to deal. The Act aims to ensure fair competition and protect consumer interests. It came into force in 2003 and sections were amended in 2007 and 2010.

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    5 Anti Competitive Agreement

    Uploaded by

    Anmol Goswami
    74 views40 pages
    The Competition Act 2002 prohibits certain anti-competitive agreements and abuse of dominant position. Section 3 specifically prohibits anti-competitive agreements that cause or are likely to cause appreciable adverse effect on competition in India. Such agreements include fixing prices, limiting production/supply, market sharing, bid rigging, and certain vertical restraints like tie-in arrangements, exclusive supply/distribution agreements, and refusal to deal. The Act aims to ensure fair competition and protect consumer interests. It came into force in 2003 and sections were amended in 2007 and 2010.

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    competition act, 2002

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    The Competition Act 2002 prohibits certain anti-competitive agreements and abuse of dominant position. Section 3 specifically prohibits anti-competitive agreements that cause or are likely to cause appreciable adverse effect on competition in India. Such agreements include fixing prices, limiting production/supply, market sharing, bid rigging, and certain vertical restraints like tie-in arrangements, exclusive supply/distribution agreements, and refusal to deal. The Act aims to ensure fair competition and protect consumer interests. It came into force in 2003 and sections were amended in 2007 and 2010.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    74 views40 pages

    5 Anti Competitive Agreement

    Uploaded by

    Anmol Goswami
    The Competition Act 2002 prohibits certain anti-competitive agreements and abuse of dominant position. Section 3 specifically prohibits anti-competitive agreements that cause or are likely to cause appreciable adverse effect on competition in India. Such agreements include fixing prices, limiting production/supply, market sharing, bid rigging, and certain vertical restraints like tie-in arrangements, exclusive supply/distribution agreements, and refusal to deal. The Act aims to ensure fair competition and protect consumer interests. It came into force in 2003 and sections were amended in 2007 and 2010.

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    of 40

    Competition Act, 2002 - Section 3 -

    PROHIBITION OF CERTAIN
    AGREEMENTS
    Came into force on - 13th January, 2003
    Competition (Amendment) Act, 2007.
    SS 3, 4 – on 20/9/2010
    Combinations- 1/6/2011
    Objects of the Act
    1. Ensure fair competition - Prohibiting
    trade practice causing appreciable
    adverse effect on the competition
    2. Promote & sustain competition in
    markets
    3. Protect the interest of consumers
    4. Ensure freedom of trade on by other’s
    in the market.
    Prohibition of Agreements - Anti - Competitive Agreements (Sec. 3)
    No enterprise
    Assn. of enterprises Shall enter into
    Person – Production any agreement in
    Assn. of persons respect of
    Control of
    Goods Supply
    Provision of
    Services
    Sec 3
    Acquisition Distribution

    Which causes or
    (2) Any agreement Storage is likely to cause
    - Shall be void an AAEC within
    India
    Sec. 3 Cont….
    (3) Any agreement entered into…..
    Practice carried on, or decision taken by,
    Any Assn. of enterprises/of persons,
    including cartels -
    Engaged in identical or similar trade of
    goods or provision of services -
    WHICH -
    (a) directly or indirectly Determines Purchase or Sale
    Prices;
    (b) Limits or Controls Production, Supply, Markets, Technical
    Development, Investment or Provision of Services;

    (c) Shares the market - Source of Production -


    Provision of services -
    By way of allocation of geographical area of
    market
    Type of goods or services, or
    No. of customers in the market or
    Any other similar way;

    (d) directly or indirectly results in bid


    rigging or collusive bidding,
    • P… Nothing contained in this SS shall apply to
    any JV agreement - If such agreement increases
    efficiency in Production, supply, distribution,
    storage, acquisition or control of goods or
    provision of services.
    • Explanation - Bid Rigging – Means
    • Any agreement - Engaged in Identical/Similar
    Production/Trading of Goods/Provision of
    Services, which has –
    • The Effect of Eliminating/Reducing Competition
    for bids or adversely affecting or manipulating
    the process for bidding.
    Any agreement - At different stages or levels of the
    production chain in different markets, in respect of
    production, supply, distribution, storage, sale or
    price of, or trade in goods or provision of services
    Including -

    Exclusive Exclusive
    Tie-in Supply Distribution Refusal Resale Price
    Arrangement Maintenance
    Agreement Agreement To Deal

    Shall be an agreement in contravention of SS (1) if


    such agreement causes or is likely to cause an
    AAEC
    • TELCO v Registrar of RTP
    • Principle of Rule of Reason

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