that it could not possibly have an adverse
effect on competition, much less, an appreciable adverse effect in
India in terms of the competition ... likely to cause an appreciable adverse effect on competition in
India".
Further, what constitutes appreciable adverse effect on competition has been
provided
provisions of section
19(3) of the Act to establish the appreciable adverse effect of the
agreement/arrangements carried out by the alleged violators ... Appreciable adverse effect on competition
3.4.6.1 The factors given in section 19(3) of the Act, for determination of
appreciable adverse effect on competition, have
Section 3(3) of
the Competition Act, 2002 and results in appreciable adverse effect on competition in
India.
issues involved
0 Issues related to Asset ... rigging or collusive bidding shall be
presumed to have an appreciable adverse effect on competition:
Provided that nothing contained in this sub-section shall apply
take effect.
(3) Where the Commission is of the opinion that the
combination has, or is likely to have, an
appreciable adverse effect on competition ... that the combination shall not take
effect or the combination is deemed to have an
appreciable adverse effect on competition under
sub-section (9), then
provision of services, which causes or is likely to
cause an appreciable adverse effect on competition within India.
(2) Any agreement entered into in contravention ... rigging or collusive bidding.
Shall be presumed to have an appreciable adverse effect on
competition:
Provided that nothing contained in this sub-section shall apply
abuse of dominant position.
Non-use of expression "appreciable adverse effect" in Section 4 is
inconsequential. In all sub-clauses of Section ... Section 4, the learned ASG submits that the test of "Appreciable
Adverse Effect on Competition" (AAEC) is not attracted in Section
Appeal (AT) Nos.07, 08, 09 & 10 of 2023 5
Appreciable Adverse Effect on Competition (hereinafter referred
to as the "AAEC ... prima-facie opinion that
combination is likely to cause an appreciable adverse effect on
competition by the CCI under Section 29 , sub-section (1), there
same also
limits the supply/provisions of services thereby causing an appreciable adverse
effect on competition within India. As per the Informant, the opposite parties ... consideration by the Commission while determining
whether an agreement has an appreciable adverse effect on competition or not.
6
17. Recently
penalty). Therefore, PPC enhances
consumer welfare. Banning PPC will have 'appreciable adverse effect on
consumers' (sic!)
19
• PPC is an ALM tool ... Government of India.- (ICICI Bank)
Banning PPC will have 'appreciable adverse effect on consumer' (sic!). -
(Allahabad Bank)
The decision to prepay
null and void as it was an
agreement which had an appreciable adverse effect on competition under Section 3
of the Competition ... presumed to have an appreciable adverse effect on
is sub-section shall apply to aty
"an
Explanation -- For the purposes of this sub~section
