Building your Future Today

Types Of Anti Competitive Agreements In India

These categories include, on the whole, the following agreements between two companies that trade with similar or identical products or services: Article 3, paragraph 5, of the Competition Act provides that, in Section 3 (prohibition of anti-competitive agreements), there is no way for a person to avoid a violation or the imposition of reasonable conditions that may be necessary to protect his intellectual property rights. , that is, copyright. , trademarks, patents, designs and geographical indications. The concept of pricing the resale was examined by the Commission in the case of Fx Enterprise Solutions India Pvt. Ltd. against Hyundai Motor India Limited4. In this case, the informant had stated that, pursuant to the hyundai agreement, the dealers had been instructed to procure all components and accessories of the automobile only from Hyundai or its suppliers. While working on Hyundai`s allegedly anti-competitive practices, the informant explained that Hyundai had imposed a “discount control mechanism” in which merchants could only give a maximum discount and merchants were not allowed to offer discounts beyond a recommended range, which would be tantamount to “maintaining the resale price” in violation of Section 3 (4) e of the Act. These include agreements between: in the case of Shri Shamsher Kataria against Honda Siel Cars India Ltd.

- Ors3, the Commission has examined the concept of vertical agreements, including exclusive supply agreements, exclusive distribution agreements and the refusal of the conclusion. VERTICAL AGREEMENTS- Vertical agreements are agreements between two or more companies operating at different levels of production2. For example, between suppliers and distributors. Other examples of anti-competitive vertical agreements are: vertical agreements exist between companies at different stages of the production chain, such as an agreement between the manufacturer and a distributor.B. The presumed rule does not apply to vertical agreements. Whether the vertical agreement causes AAEC is determined by a basic rule. When a common sense rule is applied, the positive and negative effects of competition are analyzed.