customers, the OP has been effectively found to have
fixed the minimum resale price. The DG has found that the OP itself
maintains certain schemes ... costs conditional on adhering to
a given price level, linking a resale price to the resale prices of
competitors, or using threats, intimidation, warnings, penalties
direct or indirect object in the establishment of a fixed or minimum
resale price level, may restrict competition. It has been submitted that the
Commission ... been alleged that such price fixing acts as an imposition of
minimum resale price maintenance agreement [ Section 3(4)(e) of the Act]
between
resale price maintenance‟ (RPM) restriction under section
3(4)(e) of the Act. It has been alleged that the object of such vertical price
restraints ... implies a direct or indirect object to fix or
enforce a minimum resale price to be observed by the distributors or any
downstream resellers
prices
lower than the maximum prices fixed by Telco, no order was
required to be passed regarding the alleged practice of
maintenance of minimum resale
treatment to contracts which seek to establish minimum resale price (in contra distinction to 'resale price' as understood with reference to the ingredients ... notice or publication of a price which may be understood as minimum price to be charged on resale of goods by the dealers. Explanation
example, with regard to the 'Resale Price Maintenance' ( Section
3(4)(e) ), the 'Commission' only referred to 'DG' report ... customers, the
OP has been effectively found to have fixed the
minimum resale price. The DG has found that the
OP itself maintains certain schemes
prices which can facilitate price fixing. For a
cartel to operate as a hub and spoke, there
needs to be a conspiracy to fix prices ... Aggregators. The allegation emanating from the Informant pertaining to
minimum resale price maintenance agreement between the Cab
Aggregators and their drivers has not been pressed
petitioner to the extent of Rs.9.32,69,205/- is a minimum amount. It is stated that the respondent was the largest retailer ... that the petitioner has suggested that the respondent should adhere to minimum resale prices on mobile phones of NOKIA, which was refused by the respondent
reference to " maximum resale price" in Clause 5 was merely a camouflage and under-cutting of the price was not tolerated ... instructions were issued from time to time regarding maintenance of minimum resale prices and breach of those instructions was treated as breach of the conditions
price restriction in the form of Minimum
Operating Price ('MOP'), on the Informant's website to make sales at a
minimum price ... price or non-price factors. Resale price
maintenance agreements perceivably destroy the intra-brand price
competition because the manufacturer fixes the minimum price or below
