Anti-competitive agreements.
No enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India.
Any agreement entered into in contravention of the provisions contained in sub-section 1 shall be void.
Any agreement entered into between enterprises or associations of enterprises or persons or associations of persons or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or association of persons, including cartels, engaged in identical or similar trade of goods or provision of services, which a directly or indirectly determines purchase or sale prices b limits or controls production, supply, markets, technical development, investment or provision of services c shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services, or number of customers in the market or any other similar way d directly or indirectly results in bid 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 to any agreement entered into by way of joint ventures if such agreement increases efficiency in production, supply, distribution, storage, acquisition or control of goods or provision of services. Explanation.For the purposes of this sub-section, bid rigging means any agreement, between enterprises or persons referred to in sub-section 3 engaged in identical or similar production or trading of goods or provision of services, which has the effect of eliminating or reducing competition for bids or adversely affecting or manipulating the process for bidding.
a directly or indirectly determines purchase or sale prices
b limits or controls production, supply, markets, technical development, investment or provision of services
c shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services, or number of customers in the market or any other similar way
d directly or indirectly results in bid 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 to any agreement entered into by way of joint ventures if such agreement increases efficiency in production, supply, distribution, storage, acquisition or control of goods or provision of services. Explanation.For the purposes of this sub-section, bid rigging means any agreement, between enterprises or persons referred to in sub-section 3 engaged in identical or similar production or trading of goods or provision of services, which has the effect of eliminating or reducing competition for bids or adversely affecting or manipulating the process for bidding.
Any agreement amongst enterprises or persons at different stages or levels of the production chain in different markets, in respect of production, supply, distribution, storage, sale or price of, or trade in goods or provision of services, including a tie-in arrangement b exclusive supply agreement c exclusive distribution agreement d refusal to deal e resale price maintenance, shall be an agreement in contravention of sub-section 1 if such agreement causes or is likely to cause an appreciable adverse effect on competition in India. Explanation.For the purposes of this sub-section, a tie-in arrangements includes any agreement requiring a purchaser of goods, as a condition of such purchase, to purchase some other goods b exclusive supply agreement includes any agreement restricting in any manner the purchaser in the course of his trade from acquiring or otherwise dealing in any goods other than those of the seller or any other person c exclusive distribution agreement includes any agreement to limit, restrict or withhold the output or supply of any goods or allocate any area or market for the disposal or sale of the goods d refusal to deal includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or from whom goods are bought e resale price maintenance includes any agreement to sell goods on condition that the prices to be charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices may be charged.
a tie-in arrangement
b exclusive supply agreement
c exclusive distribution agreement
d refusal to deal
e resale price maintenance, shall be an agreement in contravention of sub-section 1 if such agreement causes or is likely to cause an appreciable adverse effect on competition in India. Explanation.For the purposes of this sub-section,
a tie-in arrangements includes any agreement requiring a purchaser of goods, as a condition of such purchase, to purchase some other goods
b exclusive supply agreement includes any agreement restricting in any manner the purchaser in the course of his trade from acquiring or otherwise dealing in any goods other than those of the seller or any other person
c exclusive distribution agreement includes any agreement to limit, restrict or withhold the output or supply of any goods or allocate any area or market for the disposal or sale of the goods
d refusal to deal includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or from whom goods are bought
e resale price maintenance includes any agreement to sell goods on condition that the prices to be charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices may be charged.
Nothing contained in this section shall restrict i the right of any person to restrain any infringement of, or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under a the Copyright Act, 1957 14 of 1957 b the Patents Act, 1970 39 of 1970 c the Trade and Merchandise Marks Act, 1958 43 of 1958 or the Trade Marks Act, 1999 47 of 1999 d the Geographical Indications of Goods Registration and Protection Act, 1999 48 of 1999 e the Designs Act, 2000 16 of 2000 f the Semi-conductor Integrated Circuits Layout-Design Act, 2000 37 of 2000 ii the right of any person to export goods from India to the extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provision of services for such export.
the right of any person to restrain any infringement of, or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under a the Copyright Act, 1957 14 of 1957 b the Patents Act, 1970 39 of 1970 c the Trade and Merchandise Marks Act, 1958 43 of 1958 or the Trade Marks Act, 1999 47 of 1999 d the Geographical Indications of Goods Registration and Protection Act, 1999 48 of 1999 e the Designs Act, 2000 16 of 2000 f the Semi-conductor Integrated Circuits Layout-Design Act, 2000 37 of 2000
a the Copyright Act, 1957 14 of 1957
b the Patents Act, 1970 39 of 1970
c the Trade and Merchandise Marks Act, 1958 43 of 1958 or the Trade Marks Act, 1999 47 of 1999
d the Geographical Indications of Goods Registration and Protection Act, 1999 48 of 1999
e the Designs Act, 2000 16 of 2000
f the Semi-conductor Integrated Circuits Layout-Design Act, 2000 37 of 2000
the right of any person to export goods from India to the extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provision of services for such export.