Section 4 - Amendment of section 3 - Competition (Amendment) Act, 2023

Amendment of section 3. 4 . In section 3 of the principal Act, (a) in sub-section (3), after the proviso, the following proviso shall be inserted, namely: Provided further that an enterprise or association of enterprises or a person or association of persons though not engaged in identical or similar trade shall also be presumed to be part of the agreement under this sub-section if it participates or intends to participate in the furtherance of such agreement. ; (b) in sub-section (4), (i) for the words Any agreement amongst enterprises or persons , the words Any other agreement amongst enterprises or persons including but not restricted to agreement amongst enterprises or persons shall be substituted; (ii) in clause (b), for the word supply , the word dealing shall be substituted; (iii) before the Explanation, the following proviso shall be inserted, namely: Provided that nothing contained in this sub-section shall apply to an agreement entered into between an enterprise and an end consumer. ; (iv) in the Explanation, (i) for clauses (a) and (b), the following clauses shall be substituted, namely: '(a) tie-in arrangement includes any agreement requiring a purchaser of goods or services, as a condition of such purchase, to purchase some other distinct goods or services; (b) exclusive dealing agreement includes any agreement restricting in any manner the purchaser or the seller, as the case may be, in the course of his trade from acquiring or selling or otherwise dealing in any goods or services other than those of the seller or the purchaser or any other person, as the case may be;'; (ii) in clause (c), after the word goods , at both the places where it occurs, the words or services shall be inserted; (iii) in clause (d), after the word goods , at both the places where it occurs, the words or services shall be inserted; (iv) in clause (e), for the words includes any agreement to sell goods on condition , the words includes, in case of any agreement to sell goods or provide services, any direct or indirect restriction shall be substituted; (c) in sub-section (5), in clause (i), after sub-clause (f), the following sub-clause shall be inserted, namely: (g) any other law for the time being in force relating to the protection of other intellectual property rights. . *********** Notes:- 1. Come into the force w.e.f. 18-05-20203 vide Notification No. S.O. 2228(E) dated 18-05-2023