Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Anti-competitive agreements are prohibited by Section 3 of the Competition Act: “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. …

The prohibition

Anti-competitive agreements are prohibited by Section 3 of the Competition Act: “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.” Such agreements are void.

Section 3(3) specifies that a presumption of “an appreciable adverse effect on competition” is on "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:

- directly or indirectly determines purchase or sale prices;

- limits or controls production, supply, markets, technical development, investment or provision of services;

- 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;

- directly or indirectly results in bid rigging or collusive bidding".

The Competition (Amendment) Act, 2023 introduced a prohibition of “hub and spoke” cartels. This provision targets collusive anticompetitive agreements between entities that are not involved in the same or similar lines of business. For instance, it covers agreements between a facilitator, platform, intermediary, or agent on one side and one or more competitors on the other side.

Section 3(4) states that an agreement causing an appreciable adverse effect on competition in India is considered to be "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:

Global Competition Law

993. The prohibition

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Les notions juridiques connexes

993. The prohibition

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise