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
supplies were effected at the higher cost. After discussing the concepts of
standards of proof and appreciable adverse effect on competition, the CCI
considered ... right in concluding that it had
21
appreciable adverse effect on competition as the conduct of the LPG
cylinder manufacturers in coming together
Commission shall, while determining whether an agreement has an appreciable adverse effect on competition under section 3, have due regard ... enjoying a dominant position having or likely to have an appreciable adverse effect on competition; (m) any other factor which the Commission may consider relevant
combination shall not take effect. [(3) Where the Commission is of the opinion that any appreciable adverse effect on competition that the combination ... effect to, or be declared void, or frame a scheme to be implemented by the parties to address the appreciable adverse effect on competition
combination has caused or is likely to cause an appreciable adverse effect on competition in India: Provided that the Commission shall not initiate any inquiry ... whether a combination would have the effect of or is likely to have an appreciable adverse effect on competition in the relevant market, the Commission
have, an appreciable adverse effect on competition, it shall issue a statement of objections to the parties identifying such appreciable adverse effect on competition ... allowed to take effect. (2) Where the parties to the combination consider that such appreciable adverse effect on competition can be eliminated by suitable modification
appreciable adverse effect on competition but such
TA (AT) (Competition) No. 32 of 2017
(Old Appeal No. 43 of 2016)
14
adverse effect ... combination shall not take
effect or the combination is deemed to have an
appreciable adverse effect on competition under
sub-section (9), then, without prejudice
opinion that combination has or is likely to have appreciable adverse effect on competition but such adverse effect can be eliminated by suitable modification ... combination shall be deemed to have an appreciable adverse effect on competition and be dealt with in accordance with the provisions
that the combination has, or is likely to have, an appreciable adverse effect on competition in the relevant market in India, it shall pass ... combination does not or is not likely to have an appreciable adverse effect on competition, it shall pass an order under sub- section
combination is likely to cause or has caused an appreciable adverse effect on competition within the relevant market in India, within [thirty working days] [Substituted ... combination has caused or is likely to cause an appreciable adverse effect on competition in India. [Provided that the time taken in obtaining the information
