View source for Talk:India (July 1991)


== India 1991 Public Interest Def. ==

This statute seems to allows a public interest defense.  However, it applies to "monopolistic trade practices" and not to explicitly to merger assessment, do you think it counts?

32. MONOPOLISTIC TRADE PRACTICE TO BE DEEMED TO BE PREJUDICIAL TO THE PUBLIC INTEREST EXCEPT IN CERTAIN CASES.

For the purposes of this Act, every monopolistic trade practice shall be deemed to be prejudicial to the public interest, except where -

(a) such trade practice is expressly authorised by any enactment for the time being in force, or

(b) the Central Government, being satisfied that any such trade practice is necessary -

(i) '''to meet the requirements of the defence of India or any part thereof, or for the security of the State;''' or

(ii) to ensure the maintenance of supply of goods and services essential to the community; or

(iii) to give effect to the terms of any agreement to which the Central Government is a party,

by a written order, permits the owner of any undertaking to carry on any such trade practice.

--[[User:AchalOza|AchalOza]] 17:45, 25 June 2007 (EDT)


Talked to Hylton, said to code it as "Dominance - Efficiency Defense".

--[[User:AchalOza|AchalOza]] 10:35, 26 June 2007 (EDT)


== India 1991 Divestures ==

I talked to Hylton about this one and said it does count as a divesture.  I'm just posting it here for the sake of consistency.

36D(1)(b) - "any agreement relating to such unfair trade practice shall be void or shall stand modified in respect thereof in such manner as may be specified in the order;"

--[[User:AchalOza|AchalOza]] 17:58, 25 June 2007 (EDT)