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Examples Of Anti Competitive Agreements Prohibited By Cci

by admin on December 8th, 2020

When competitors enter into price-fixing agreements or otherwise affect competition, these agreements are considered to be detrimental to competition. But such agreements are rarely written, so decisions are often made to determine whether there was an agreement. All forms of agreements, agreements, practices or formal or informal decisions (including verbal, unwritten or indirect) are included in the scope of the agreement. The ICC has no criminal procedure, so the standard of proof for anti-competitive agreements (under Section 3 of the Competition Act) and for abuse of dominance (section 4 of the Competition Act) is not “beyond a reasonable doubt”. On the contrary, the standard is “overweight in probabilities.” The ICC can and has found an infringement solely on the basis of evidence. While Section 3 of the Competition Act deals with anti-competitive practices, Section 4 refers to abuse of dominance. The Minister responded to the question of whether the ICC had received complaints about unfair competition and the monopolies of mobile operators against certain private mobile operators. In the case of Shri Shamsher Kataria against Honda Siel Cars India Ltd. – Ors3, the concept of vertical agreements, including exclusive supply agreements, exclusive distribution agreements and refusal to enter into agreements, was examined by the Commission. Until now, the cases of ccI were not based on evidence of an agreement, but on documents and other circumstances from which the DG was able to conclude (or refuse to conclude) that an agreement had been reached, first, and then the ICC. A simple identical pricing or parallel pricing by competitors is not enough to conclude an agreement. Parallel pricing can be an indicator of independent decisions made in a competitive market.

However, the DG reviews all the circumstances related to the bids to determine if there are other indicators of collusion. The ICC judgments show that, although simple identical prices are not sufficient to prove an agreement, the addition of other indices may satisfy obesity`s probability standards. The Competition Act prohibits “agreements on the production, supply, distribution, storage, purchase or control of goods or services that could materially affect or affect competition in India.” Other restrictions, including vertical restrictions, concentrations and allegations of abuse of dominance, are analyzed as part of a balancing test to determine if they have significant negative effects on competition. The Indian Competition Act of 2002 was enacted to “promote and maintain competition… protection of consumer interests and free trade.” (i) The Competition Act reflects established competition rules in that it prohibits agreements between parties, mergers or combinations, as well as the abuse of dominant behaviour that has a significant adverse effect on competition.

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