Siya Pasriza, B.B.A LL.B. (Corporate law), UPES, Dehradun
Tripti Priya, B.B.A LL.B. (Corporate law), UPES, Dehradun
ABSTRACT
Recently, there has been a lot of public debate about amendments to the Competition Act, 2002 and due to the dynamic changes in various industries questions have been raised about the competency of Competition Commission of India to provide solutions to issues emerging in the field. Due to this The Ministry of Corporate Affairs has drafted Competition (Amendment) Bill, 2020 and kept it open for public comments. Amongst various changes, it also addresses a new issue of Hub and Spoke Agreements. Hub and spoke agreements share aspects of both horizontal and vertical anticompetitive agreements, but do not fit neatly into either. This article examines the hub and spoke agreements, their economic implications, and the market as a whole. The proposed amendment is scrutinised by addressing its benefits and drawbacks, and a comparison with other countries such as the United States, the United Kingdom, Germany, Poland, Russia, and the European Union is made. Finally, the study proposes practical solutions to address anticipated issues during the amendment's implementation.
Keywords: Horizontal Agreements, Vertical Agreements, Hub and Scope Agreements, Draft Competition Amendment Bill, 2020 and, Economic Effects
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