Which Is Not Considered As Anti Competitive Agreements In The Competition Act 2002

Horizontal agreements are agreements between companies at the same stage of the production chain, and these are usually between two competitors to set prices or to limit production or to share markets. In all of these agreements, there is a presumption in the law that such agreements cause AAEC. Kartell is also a horizontal agreement. This is usually done between producers of goods or suppliers of services for pricing or market sharing and is generally considered the most harmful form of anti-competitive agreements. The Competition Commission of India was established under the Competition Act 2002. It is a legislative body that has the power to regulate and enforce the Competition Act, including penalties. It was introduced when, as a result of liberalisation under the Vajpayee government, the need for a healthy competitive environment became necessary. In addition, the Act provides for a restriction for all such ministries if they enter into such an agreement, which is anti-competitive in nature and affects or is likely to affect competition prevailing in the Indian market. [5] If a company enters into an agreement that promises against the general restriction prescribed by law, it is annulled. [6] By law, horizontal agreements are classified in a special category and are subject to the disadvantageous presumption of being anti-competitive. This is also called the “per se” rule. This means that where a horizontal agreement exists under Article 3(3) of the Law, such an agreement is pre-competitive and appreciably affects competition1.

The nature of restrictive business practices[3] under the MRTP Act 1969 falls within the scope of the anti-competitive agreements referred to in the Competition Act 2002. Undertakings on the market enter into agreements which may reduce, reduce, eliminate, distort and restrict competition. Conclusion The purpose of the Act is to prevent practices by parties that are anti-competitive or harmful to the market. It can be guaranteed in case of 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 law are respected. It is important that parties doing business in India control the maintenance of anti-competitive elements in agreements between them. Companies should be proactive and conscientious in identifying existing anti-competitive elements in their current agreements. A training programme is needed to better understand the impact of anti-competitive agreements and how to avoid it. Bibliography 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 Monopolies and Restrictive Business Practices Acts, Competition Act 1969, Final Notes 2002 [1] www.cci.gov.in/sites/default/files/cci_pdf/competitionact2012 [2] www.cci.gov.in/sites/default/files/cci_pdf/competitionact2012 [3] No. . . .

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