What are the factors which the Competition Commission of India shall take into consideration to ascertain whether an agreement has an appreciable adverse effect on competition under the Competition Act, 2002 ?
CS Executive · Economic and Commercial Laws · PYQS · June 2016
What are the factors which the Competition Commission of India shall take into consideration 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 Law
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