incapable of foreclosing
competition and causing appreciable adverse effect on competition (AAEC) in India.
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9.3 On "exclusive supply agreements" it has been ... anti-competitive per se unless it is proved that it results in AAEC in India.
The DG findings on this issue are without any cogent
Transaction, which is part of the
proposed combination, is likely to cause AAEC in the air passenger
transportation services between Mumbai/Delhi and London ... Schedule I to the Combination Regulations are ordinarily not likely
to cause AAEC. However, the option given to parties to a
combination is limited
cause or are likely to cause an Appreciable Adverse
Effect on Competition (AAEC) i n India. The agreement may be in
relation to production, supply ... appreciable
restraint in the market for the tied product or an AAEC. The economic
power in t h i s case emanates from the lock
assessment of whether an agreement causes
an Appreciable Adverse Effect on Competition (AAEC) must be made only with
reference to the Indian market ... exist factors which
may result in a reversal of the presumption of AAEC with respect to the alleged
agreement. It was submitted that
same has an
appreciable adverse effect on competition (AAEC). With that background in
mind, the Commission considered the arrangement/ understanding between
them.
7.23 Therefore ... amenable under section 3(1) of
the Act subject to establishment of AAEC.
7.24 With regard to the AAEC, the Commission has looked into
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anti-
competitive, unless, there is clear and cogent evidence
6
'AAEC' for short
W.P No.3363/2020 ... complained of and if they result or likely
to result in some AAEC;
• Three jurisdictional facts are necessary. Firstly, there
must be an agreement, secondly