What do you understand by Anti-Competitive Agreements under the Competition Act, 2002?

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2021
What do you understand by Anti-Competitive Agreements under the Competition Act, 2002?

Answer & Explanation:

Anti-Competitive Agreements are those agreements that have their object as to prevent, restrict or distort competition in India. According to Section 3(1) of the Competition Act, 2002, no enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition. Section 3(2) further declares that any anti-competitive agreement within the meaning of sub-section 3(1) shall be void. Under the law, the whole agreement is construed as 'void' if it contains anti- competitive clauses having appreciable adverse effect on competition. Section 3(3) provides that following kinds of agreements entered into between enterprises or association of enterprises or persons or associations of persons or person or enterprise or practice carried on, or decision taken by any association of enterprises or association of persons, including "cartels", engaged in identical or similar goods or services which - 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 any other similar way; and directly or indirectly results in bid rigging or collusive bidding; shall be presumed to have an appreciable adverse effect on the competition.

Topics: Competition Law

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