ANTI-COMPETITIVE AGREEMENTS – A GENERAL UNDERSTANDINGAnti-Competitive Agreements • April 12th, 2017
Contract Type FiledApril 12th, 2017An agreement in respect of the production, supply, distribution, storage, acquisition or control of goods or the provision of services, which causes or is likely to cause an "appreciable adverse effect on competition" within India, is defined as an 'anti-competitive agreement'. The Act prohibits anti-competitive agreements and declares that such agreements shall be void. However, the prohibition contained in Section 3 is not absolute and permits joint venture agreements where certain parameters are met.1 Anti-competitive agreements can be 'horizontal' (agreements between direct competitors), 'vertical' (agreements between enterprises at different levels of the production chain in different markets, such as agreements between a manufacturer and a distributor or a distributor and a retailer) or both.