Telco V Registrar Of Rt Agreement
In addition, in antitrust agreements, the ICC may impose a penalty three times greater than the benefit of the cartel, or 10% of the turnover, the higher it is. The Competition Act had given the ICC a great deal of power, allowing it to fill the void left by the mrTP act and regulate the market so that it could experience healthy competition. Facts – In this case, TELCO entered into an agreement with its dealers, in which dealers are assigned certain fixed areas where they were to sell Tata`s vehicles. This territorial restriction has been called into question as a «restrictive commercial practice». Hero – SC stated that MRTPC could not exercise extraterritorial jurisdiction and therefore could not take action against foreign cartels unless the anti-competitive agreement was concluded by an Indian party. This case therefore highlighted another gap in the MRTP law. Vertical agreements are agreements between companies located at different stages or levels of the production chain and, therefore, in different markets. A case would be an agreement between a manufacturer and a wholesaler. Among the vertical restrictions of competition18, the high-level tribunal interpreted it «as a presumption and not as evidence itself,» but only as an indicative value of the burden of proof.
In addition, vertical agreements relating to activities under Section 3, paragraph 4 of the Competition Act must be analysed in accordasing the case analysis rule under the Competition Act. The complainant had the information against Volkswagen India, Honda India and Fiat India for violations of Section 3 (4) and Section 4 of the Competition Act, 2002, as a result of agreements with early OEMs (`OESs`) and licensed dealers who charged unfair prices for the sale of automotive spare parts and limited the free availability of original spare parts on the market. Were there any violations? The informant claimed that these e-commerce websites had engaged in anti-competitive behaviour in the nature of «exclusive agreements» with the seller of goods or services. The informant explained that, as a result of these practices, the consumer has no choice in terms of the terms and conditions of purchase and price of goods and services and is required to either purchase the product on the terms of the site or not to sell the product as a whole.