dominant in supply of its beverages in the closed market of various
enterprises with whom it has entered into exclusive supply agreements
since there ... entered into exclusive
supply agreement with ILL and other 12 parties which grants it a
preferred beverage supply. These agreements have led to the excessive
concluded that
such agreements are in the nature of exclusive supply agreements in terms
of section 3(4)(b) of the Act.
d) The dealer ... restrictions pursuant to agreements which are in the nature of
exclusive supply agreements, refusal to deal and exclusive distribution
agreements.
b) AAEC in the secondary
agreement period. Therefore, such agreements are incapable of foreclosing
competition and causing appreciable adverse effect on competition (AAEC) in India.
11.3 On "exclusive supply ... reasoning of DG regarding exclusive supply agreement is accepted, it could mean
that every agreement for exclusive supply would be hit by section
arrangements, compelling the distributors to exclusively
deal with its products which amounts exclusive supply agreement and maintaining resale
price of the distributors. Having examined ... arrangement;
(b) Exclusive supply agreement;
(c) Exclusive distribution agreement;
(d) Refusal to deal;
(e) Resale price maintenance,
shall be an agreement in contravention
between UFO Moviez and CTOs supplying DCE is in the nature of a tie-in arrangement,
exclusive supply agreement, exclusive distribution agreement and refusal ... supply agreement;
(c) exclusive distribution agreement;
(d) refusal to deal;
(e) ....................,
shall be an agreement in contravention of sub-section (1) if such agreement causes
supply agreements signed with OP-1 on 22.11.2018:
(i) Agreement dated 10.06.2008, for 3 years duration, effective from
01.01.2008
(ii) Sale and Supply Agreement dated ... products, to the exclusion of products of competitors, amounts to 'exclusive supply
agreement' as well as 'exclusive distribution agreement' interse
competitors and
consumers are completely depend on it.
(iv) Because of exclusive supply agreement with HCCBPL for supply of bottled water
and other soft drinks ... reasoning of DG regarding exclusive supply agreement is accepted, it could
mean that every agreement for exclusive supply would be hit by section
argued that the agreements entered into by the players and Hockey
India were vertical agreements which led to an exclusive supply
agreement and therefore ... agreement as a precondition of being part of the Indian national
hockey team. It was therefore argued that each COC agreement
represents an exclusive supply
thereto. The DG found that these tie-in arrangements
amount to exclusive supply agreement and refusal to deal and therefore,
it found ... Anti-competitive Vertical Agreements
62. The DG has identified the following three types of anti-competitive
vertical agreements:
(i) Exclusive Supply Agreement & Refusal
supply agreement;
(0) exclusive distribution agreement,'
all
x
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(d)
(6)
refusal to deal;
resale price maintenance
shall be an agreement ... other person;
"exclusive distribution agreement" includes any agreement to
limit, restrict or withhold the output or supply of any goods or
allocate
