What factors should be considered by Competition Commission of India to ascertain whether an agreement has an appreciable adverse effect on competition under the Competition Act, 2002?
CS Executive · Economic and Commercial Laws · PYQS · December 2021
What factors should be considered by Competition Commission of India to ascertain whether an agreement has an appreciable adverse effect on competition under the Competition Act, 2002?
Answer & Explanation:
Section 19(3) of the Competition Act, 2002 provides that while determining whether an agreement has appreciable adverse effect on competition, the Competition Commission of India shall give due regard to all or any of the following factors, namely- Creation of barriers to new entrants in the market; Driving existing competitors out of the market; Foreclosure of competition by hindering entry into the market; Accrual of benefits to consumers; Improvements in production or distribution of goods or provision of services; Promotion of technical, scientific and economic development by means of production or distribution of goods or provision of services.
Topics: Competition Act, 2002
Related Questions in this Topic
- Z Ltd. is enjoying dominant position which came to the notice of Competition Commission of India. Whether the Commission...
- "Z Ltd." a real estate company incorporated in India under the Companies Act, 2013, fails to comply with the orders of t...
- State the process of selection of chairperson and members of Competition Commission of India as given in the Competition...
- Enumerate the activities, which have been made outside India but having an effect on competition in India, under the Com...
- What are the essential factors, which the Competition Commission of India must bear in mind (Section 4 of the Competitio...