services, which causes or is likely to cause an appreciable adverse effect on competition within India. (2) Any agreement entered into in contravention ... 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
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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 ... 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
combination is likely to cause, or has caused an appreciable adverse effect on competition within the relevant market in India, it shall issue a notice ... 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
loans -- is anti-competitive in terms of Section 3(3) of
the Competition Act, 2002 and results in appreciable adverse effect on competition in
India ... defining Competition the meaning of Competition is restricted. Therefore
competition has to be given a wide meaning. The purpose of competition is the
economic development
adverse effect on competition but such
TA (AT) (Competition) No. 32 of 2017
(Old Appeal No. 43 of 2016)
14
adverse effect can be eliminated ... 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
about:--
(i) Establishment of a Commission to prevent practices having
adverse effect on competition.
(ii) To promote and sustain competition in markets.
(iii) To protect ... defining Competition the meaning of Competition is restricted.
Therefore competition has to be given a wide meaning. The purpose of
competition is the economic development
this sector is likely to result in an Appreciable Adverse Effect on
Competition [hereinafter referred to as ‘AAEC’] in the glass
packaging industry generally ... with respect to combinations that may lead to an
Appreciable Adverse Effect on Competition (AAEC) in the relevant
market as well as a detailed procedure
