Close Panel

2

Dec

2020

Anti Competitive Agreements Notes

By Erik. Posted in Uncategorized | No Comments »

The Competition Act expressly prohibits any agreement that falls within one of the above categories. Subsection (2) expressly prohibits the aforementioned undertakings from entering into agreements for the production, supply, distribution, purchase or control of goods or services that could cause damage or have significant negative effects on competition in India. The CEAA can be defined as a phenomenon found in one of the provisions of this Act. It has negative effects on market players and healthy competition in the market. Section 3 is broad enough because it encompasses not only the expressly mentioned agreements, but also the tacit agreements within its jurisdiction. Conclusion The law is intended to prevent practices that are market-damaging or harmful to the parties` market. It can guarantee commercial freedom and protect the interests of all parties. This objective can only be pursued if the agreements are eliminated and all the principles of the law are respected. It is important that the parties monitor the maintenance of anti-competitive elements in the agreements reached between them during their activities in India. Companies should proactively and thoroughly identify existing anti-competitive elements of their current agreements. A training programme must be put in place to better understand the effects of anti-competitive agreements and to prevent this from being avoided. Books: Competition Law in India- Abir Ro and Jayant Kumar Websites: www.ssrana.in/Intellectual%20Property/Competition%20Law/Anti-Competitive-Agreements-in-India.aspx www.mondaq.com/india/x/250048/Trade+Regulation+Practices/AntiCompetitive+Agreements+Tests+And+Tribulation-Akte: The Monopoly and Business Practices Act 1969, 2002 Final Notes [1] www.cci.gov.in/sites/default/files/cci_pdf/competitionact2012 [2] www.cci.gov.in/sites/default/files/cci_pdf/competitionact2012 [3] No. 61 of 2012, February 16, 2015 [4] www.cci.gov.in/sites/default/files/cci_pdf/competitionact2012 [5] www.cci.gov.in/sites/default/files/cci_pdf/competitionact2012 [6] 34 of 2013, 12.

Case No. 3 www.cci.gov.in/sites/default/files/cci_pdf/competitionact2012 6 and 82 of 2014, June 14, 2017 [10] Case No. 60 of 2014, December 9, 2016 Generally speaking, agreements that have or are likely to have significant negative effects on competition (“AAEC”) are anti-competitive agreements. These chords can be horizontal or vertical. However, the Competition Act 2002 (“Law”) recognizes intellectual property rights and, to facilitate their protection, allows reasonable restrictions imposed by their owners. Similarly, the law exempts agreements between exporters, as exports do not affect Indian markets.

is
Email this author | All posts by | Subscribe to Entries (RSS)

 

» Comments are closed.

?>