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TMI BlogAnti-competitive agreementsX X X X Extracts X X X X X X X X Extracts X X X X ..... ention of the provisions contained in sub-section (1) shall be void. (3) Any agreement entered into between enterprises or associa tions of enterprises or persons or associations of persons or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or association of persons, including cartels, engaged in identical or similar trade of goods or provision of services, which ( a ) directly or indirectly determines purchase or sale prices; ( b ) limits or controls production, supply, markets, techni cal development, investment or provision of services; ( c ) shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , including ( a ) tie-in arrangement; ( b ) exclusive 3 [ dealing ] agreement; ( c ) exclusive distribution agreement; ( d ) refusal to deal; ( e ) resale price maintenance, shall be an agreement in contravention of sub-section (1) if such agreement causes or is likely to cause an appreciable adverse effect on competition in India. 4 [ Provided that nothing contained in this sub-section shall apply to an agreement entered into between an enterprise and an end consumer. ] Explanation. For the purposes of this sub-section, 5 [ (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1999); ( d ) the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999); ( e ) the Designs Act, 2000 (16 of 2000); ( f ) the Semi-conductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000). 9 [ (g) any other law for the time being in force relating to the protection of other intellectual property rights. ] ( ii ) the right of any person to export goods from India to the extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provision of services for such export. ******************** NOTES:- 1 Inserted vide Competition (Amendment) Act, 2023 dated 11-04-2023 w.e.f. 18-05-2023 2 . Substituted vide Competition (Amendment) Act, 2023 dated 11-04- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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