higher cost. After discussing the concepts of
standards of proof and appreciable adverse effect on competition, the CCI
considered the various arguments and repelled those ... COMPAT, the CCI was right in concluding that it had
21
appreciable adverse effect on competition as the conduct of the LPG
cylinder manufacturers
provision of 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
creating entry barriers for other GSM
players in India, thus having appreciable adverse effect on competition in the
relevant market.
Prima facie view ... apple iPhone to the cellular
service provider? Did it result in Appreciable Adverse effect on
competition in the cellular service market in India?
• Were there
Section 3(3) of
the Competition Act, 2002 and results in appreciable adverse effect on competition in
India.
issues involved
0 Issues related to Asset ... 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
forming
an opinion that there was a prima facie case of
appreciable adverse effect on competition (AAEC).
On a misdirection of law that the provision ... exclusionary tactic to foreclose
competition and are resulting in an appreciable adverse
effect on competition ...."
d. "...the Commission is of the opinion that
provision of 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
abuse of dominant position.
Non-use of expression "appreciable adverse effect" in Section 4 is
inconsequential. In all sub-clauses of Section ... Section 4, the learned ASG submits that the test of "Appreciable
Adverse Effect on Competition" (AAEC) is not attracted in Section
Appeal (AT) Nos.07, 08, 09 & 10 of 2023 5
Appreciable Adverse Effect on Competition (hereinafter referred
to as the "AAEC ... prima-facie opinion that
combination is likely to cause an appreciable adverse effect on
competition by the CCI under Section 29 , sub-section (1), there
same also
limits the supply/provisions of services thereby causing an appreciable adverse
effect on competition within India. As per the Informant, the opposite parties ... consideration by the Commission while determining
whether an agreement has an appreciable adverse effect on competition or not.
6
17. Recently
penalty). Therefore, PPC enhances
consumer welfare. Banning PPC will have 'appreciable adverse effect on
consumers' (sic!)
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• PPC is an ALM tool ... Government of India.- (ICICI Bank)
Banning PPC will have 'appreciable adverse effect on consumer' (sic!). -
(Allahabad Bank)
The decision to prepay
