India (July 1991): Difference between revisions
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'''Score = | '''Score = 11''' | ||
''Governed by:'' The Monopolies and Restrictive Trade Practices Act No. 54 of 1969 last amended by the MRTP Amendment Act of 1991 (hereinafter referred to as “Competition Act”). | ''Governed by:'' The Monopolies and Restrictive Trade Practices Act No. 54 of 1969 last amended by the MRTP Amendment Act of 1991 (hereinafter referred to as “Competition Act”). | ||
Latest revision as of 16:03, 12 October 2007
Score = 11
Governed by: The Monopolies and Restrictive Trade Practices Act No. 54 of 1969 last amended by the MRTP Amendment Act of 1991 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 48 allows the Commission to fine or imprison parties for failing to register a registerable agreement. |
| Prison Sentences | 1 | Article 48 allows the Commission to fine or imprison parties for failing to register a registerable agreement. | |
| Divestitures | 1 | Article 36D(1)(b) allows the Commission to void or modify any agreement relating to unfair trade practices. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 10(a)(i) allows 3rd parties to initiate inquiries by filing a complaint. |
| Remedies Available to 3rd Parties | 1 | Article 12(b) allows injured 3rd parties to get compensation. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 1 | RPM is prohibited under Article 40. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 32 provides a defense public interest defense that includes protecting national security. | |
| Restrictive Trade Practices | Price Fixing | 0 | |
| Tying | 1 | Article 33(b) lists tying arrangements as a registerable agreement. | |
| Market Division | 1 | Article 33(g) lists market division agreements as registerable. | |
| Output Restraint | 1 | Article 33(g) lists output restraint as a registerable agreement. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 33(j) lists any agreement that may lead to the elimination of a competitor as a registerable agreement. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 33(jb) lists agreements to bid rig as registerable. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 38 says that registerable agreements may be allowed if they are necessary for public consumer interests and the economy. |