- Directly or indirectly determines purchase or sale prices.
- Limits or controls production, supply, markets, technical development, investment or provision of services.
- Shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services , or number of customers in the market, or type of goods or services, or number of customers in the market or any other similar way;
- Directly or indirectly results in bid rigging or collusive bidding, shall be presumed to have an appreciable adverse effect on competition
- Tie- in arrangement
- Exclusive supply agreement
- Exclusive distribution agreement
- Refusal to deal
- Resale price maintenance
Bid rigging means any agreement, between enterprises or persons engaged in identical or similar production or trading of goods or provisions of services., which has the effect of elimination or reducing competition for bids or adversely affecting or manipulating the process of bidding
Tie- in arrangements includes any agreement requiring a purchaser of goods, as a condition of such purchase, to purchase some other goods
Refusal to deal includes any agreement which restricts, or is likely to restrict by any method the persons or classes of persons to whom goods are sold or from whom goods are sold or from whom goods are bought.Exemptions: An agreement shall not be deemed to be anti – competitive agreement, if it is entered into by way of joint venture and it increases the efficiency in production, supply, distribution, storage, acquisition or control of goods or provisions of services. Noting contained in this section shall restrict:-
- The right of any person to restrain any infringement of , or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under:-
- The Copyright Act, 1957;
- The Patents Act, 1970;
- The Trade Marks Act, 1999;
- The Geographical Indications of Goods (Registration and Protection) Act, 1999
- The design Act, 2000;
- The Semi-Conductor Integrated Circuits Layout-Design Act, 2000
- The right of any person to export goods from India to the extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provisions of services for such export.
Disclaimer: The entire contents of this document have been developed on the basis of relevant information and are purely the views of the authors. Though the authors have made utmost efforts to provide authentic information however, the authors and the company expressly disclaim all and any liability to any person who has read this document, or otherwise, in respect of anything, and of consequences of anything done, or omitted to be done by any such person in reliance upon the contents of this document.