Anti-Competitive Agreements Under The Competition Act, 2002: A Legal Analysis
- IJLLR Journal
- 1 hour ago
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Sakshi Singh, D.A.V. College Muzaffarnagar (affiliated to Maa Shakumbhari University, Saharanpur, U.P.)
ABSTRACT
Anti-competitive agreements pose a serious threat to free and fair competition by distorting market forces, restricting consumer choice, and creating artificial barriers to entry. The Competition Act, 2002 was enacted in India with the objective of preventing practices that have an appreciable adverse effect on competition, promoting and sustaining market competition, and protecting consumer interests. This research article examines the concept of anti-competitive agreements under Section 3 of the Competition Act, 2002, with a particular focus on horizontal and vertical agreements. It analyzes various forms of prohibited agreements such as price-fixing, bid- rigging, cartels, market allocation, and restrictive vertical arrangements, supported by landmark decisions of the Competition Commission of India (CCI) and the judiciary. The article also discusses exceptions provided under the Act, interpretative rules such as the rule of reason and per se rule, and the evolving jurisprudence in India. Through case law analysis and statutory interpretation, this article highlights the role of the CCI in maintaining competitive markets and ensuring economic efficiency in India.
