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
ensure fair competition by
prohibiting trade practices which cause appreciable adverse effects in
competition in markets within India. This task of curbing negative aspects ... appreciable adverse effect on competition within
India. Thus, agreements in respect of distribution or provisions of
services, if they have adverse effect on competition
rules and regulations coupled with their anti-competitive
conduct contributed to appreciable adverse effect in the market for
pharmaceutical products, in contravention of the provisions ... come to the wrong conclusion that
the MoUs have appreciable adverse effect on competition. It was
submitted that purpose of NOC was to ensure
such contention, reliance has been placed upon
Narendra Explosives (supra).
14.8 Appreciable Adverse Effect - Unlike other clauses of Section 3 (3) , in
cases ... rigging, appreciable adverse effect on competition has to
be established. It has to be established not only that the parties quoted
inflated identical prices
finding that such an arrangement had
no appreciable adverse effect on competition.
ANALYSIS
41. The Commission has heard the respective learned counsels appearing ... Commission notes that
the DG has conducted an analysis of appreciable adverse effect on
competition arising out of the afore-discussed arrangement of HMIL,
which
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
discussion in the DG Report that there was any appreciable adverse
effect on competition due to the alleged action of OPs in terms of Section
Section 3(1) of the Act and the said
condition causes appreciable adverse effect on competition amongst
lenders within India. Citing reference to the decision ... turn discourages
competition and innovation. This according to the Informant causes
appreciable adverse effect on competition. As noted earlier, the market
for loan against property
that any efficiency pursuant to predatory price would outweigh
its anti-competitive effects. The Informant has relied upon the European
Commission's decision ... agreements
entered into between OP and its drivers have caused an appreciable
adverse effect on competition in India. Therefore, the DG should have
carried
defined under Section 3(3) of the Act, which had an appreciable
adverse effect on competition in the market for trailer services at Informant
Port ... services, which causes or is likely to cause an 'appreciable
adverse effect on competition' (AAEC) within India. Such agreements are
rendered void under
