source of loans. This results in an Appreciable Adverse
Effect on Competition (AAEC) within India.
7. The informant also alleged that the above enterprises/persons ... practice before being declared as per se
anti-competitive due to AAEC under Section 3 , factors
enumerated under Section 19 of the Competition Act
shall
likely to cause an 'appreciable
adverse effect on competition' (AAEC) within India. Such agreements are
rendered void under Section ... under Section 3(3) of the Act are presumed to
have an AAEC on competition, whereas agreements set out under Section
3(4) require proof
report analyses appreciable adverse effect on
competition (AAEC) resulting from the MOU in terms of Section 19(3) of the Act,
The observations ... evolving in
0
line with the developments across the
report, this indicates AAEC.
14
2.24 In conclusion, the DG report holds that the condition
combination is likely to cause, or has caused an
appreciable adverse effect (AAEC) within the relevant market in India. In
the event of such ... passenger traffic from/to India at the
macro level. Such an AAEC could be further compounded in case of a
7
COMPETITION COMMISSION OF INDIA
dealers, which is anti-competitive
in nature and clearly causing AAEC in the relevant market. Accordingly the
DG has concluded that the said conduct ... dealers and
consequently causes an appr se effect on competition(AAEC) in
A ornrn1 2
India.
(1
_T 1 w-~~w
12.3 The Commission
creating appreciable adverse effect to competition (AAEC) in India.
Under the provisions of the Act, agreements under Sections ... declared as void if they cause AAEC but under Section 3(3) of the Act agreements,
practices and decisions taken cannot be treated as void
Appreciable Adverse Effect on Competition (hereinafter referred
to as the "AAEC") in relevant market(s) in India. A show-cause
notice dated ... proposed by the
Acquirer prima facie addressed the concern of the likely AAEC
by the Acquirer. The CCI concluded that proposed
combination is not likely
have caused
an appreciable adverse effect on competition ('AAEC') in the market. The
Suo Motu Case No. 10 of 2014 Page ... alleged co-ordination are outbound, and therefore, if at all any AAEC
would have taken place, it would be within the territorial jurisdiction of other
fact
not caused any appreciable adverse effect on competition ('AAEC') and was rather
forced upon by market conditions should be distinguished from ... implemented/realised in the market; and (ii) such behaviour resulted into
AAEC and/or consumer harm. The information exchange/discussions between OP-
1 and other
assess whether there was
any appreciable adverse effect on competition (AAEC). The DG noted that the
understanding between the associations ... with Section 19(3) of the Act, horizontal agreements
carried presumption of AAEC, and as such no further evidence needed to be adduced to
establish
