there was a prima facie case of
appreciable adverse effect on competition (AAEC).
On a misdirection of law that the provision did not
apply ... production chain; and,
c. an appreciable adverse effect on competition ("AAEC")being
caused or likely to be caused by this agreement, having
regard
Competition Commission of India CCI
4. Appreciable Adverse Effect on AAEC
Competition
5. Eaton Power Quality Pvt. Ltd. Eaton
6. Electrical and Automation Business ... likely to have an Appreciable
Adverse Effect on Competition (hereinafter, "AAEC") in the LV Switchgear
business. Thereafter, CCI conducted its market investigation
result in an Appreciable Adverse Effect on
Competition [hereinafter referred to as ‘AAEC’] in the glass
packaging industry generally and in particular, within ... combinations that may lead to an
Appreciable Adverse Effect on Competition (AAEC) in the relevant
market as well as a detailed procedure of enquiry
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
likely to result in, an appreciable
adverse effect on competition (“AAEC”).
To collate the second enquiry into the first would equate
description with proscription
pernicious nature,
the Act raises apresumption of such conduct resulting into an AAEC.
.........
79. Further, as regards the third justification offered ... rebuttal of the presumption of AAEC that exists in such cases
or is likely to exist, thereby distorting competition, needs to be dispelled
by providing
transactions are more likely to have a measurable market effect or an
AAEC factors in the relevant market, therefore, may be required to be
preempted
Supernova Systems Pvt.
Ltd.
2 Status Pvt. Limited Company
3 PAN AAECS 9195 B
4 Assessment year 2008-09
5 Date of passing penalty order
RACE COURSE, COIMBATORE-641 018
C.No.117/PCII-I/CBE/AAECS7045N/2019-20 Dated:
09/03/2020
PROCEEDINGS OF THE PRINCIPAL COMMISSIONEROF INCOME
i11g"-11ie_Arintcig 'vi11.éJi£iL'AAEC.)"f. them c.1t..11*1'11g the
meetillg on the basis