227 oe «& ProsieM no. 7 = X’company which is in dominant position in engages in ‘predatory price’..¥ company is by such pricing. Can he make a complaint so, to whom can he complain?’ ANSWER: Sec 4 (2) explanation“(b) of the Cémpetition datory price” means the’sale of goods or ices, at-a price which is below ‘the cost yf the goods or provision of services with a ‘competition or eliminate the competitors. which is affected by such predatory ce a complaint to the Competition , who is the competent authority n Act, 2002. Scanned with CamScanneragreement with Y which is in titive agreement’. C suffered we agreement. He approaches Can he do so? Advise. ‘the Competition Act ,2C jurisdiction of civil courts ig the Competition Act. diction entertain any granted by any yy action taken + conferred by Scanned with CamScannerANSWER: ing agreement is not a valid : - Sec 3(3)(d) of the Competition ; which directly or indirectly results sive bidding, shall be presumed to lverse effect on competition and Ss any agreement, between ed in identical or similar or provision of services, nating or reducing Scanned with CamScanner225, PROBLEM No. 5 rise by name Canon Printers limits n of printers. It is in dominant position State whether its action is valid? ANSWER: anon Printers which is in dominant ‘ket limiting. its production of goods of dominant position u/ s 4 of the “ means a position of strength, ise, in the relevant market, in of competitive forces ‘ket; or ; S or the relevant Scanned with CamScannerp Agarwal has furnished information n commission of India alleging that Corporation has entered into Tie- with TECHAIR and AAKAS for dia in order to get exclusive right. Isorily locked so that they could , network to the exclusion of other Agarwal has also alleged that sulted in limiting and controlling ting entry barriers for other Based on investigation report the CCI has ordered for closure the orders of CCI, an appeal Supreme Court of India for the Competition Act, 2002. case law. Scanned with CamScanner237 Answer: ease, the Competition Commis sion of many grounds. The CCI has failed to Mf MOZA International Corporation in g iphone market by creating entry t in India under the Competition can be validly challenged before mble Mr. Sudeep Agarwal a of India wherein the (that the act of MOZA to Anti-Competition 1 pets 2002, and hence . International Scanned with CamScannerlore tc nccnes ANSWER: g of the fees of Rs. 500/- as intérview fee dents in addition to Registration Fee of Scanned with CamScanneree 240 Abibhavak Mahasangh vs Union Of India DLT 457, 1999 the Delhi High Court : lOows- tional institutions discharge a public duty duty to act fairly and will be subject to of the constitution”. % ’ been increases not only in Tuition fees [Link] fees such as Admission free, fee, ‘Sports fee etc. In particular, the € feels that “Admission fee” levied in ools are considerably exceeding the i 200/- suggested in a Public Notice Government of N.C.T. of Delhi”. ft e fee structure of-21 schools for ave been placed on record to argument that there have been ‘e in the fees and other charges registration) fee, development Scanned with CamScannersame. As per the observation of the Supreme Court in the above case,.the charging of interview fees and registration fees are unreasonable unless such fees Gh Ga GS Scanned with CamScannerirs, the state governments in India programme of issuing Ration Cards Line (BPL) to a certain category of orer sections of the society. One itate of the West Bengal was one of s to get the BPL Ration Card under ition System (PDS). As a consumer, edible oil from a fair price depot He and his family members have strokes on their lower limbs. The test revealed that edible oil was eseed oil, due to which the entire lysis strokes. Advise Barsal Ali. case law under the. Consumer ISWER: ly members have the legal ore the C mer Forum f the Consumer Protection Bie Scanned with CamScanner253 yS any goods for a consideration which has er promised or partly paid and Partly d or partly promised, or under any system of layment when such use is made with the ‘such person. ove problem, the facts are - Barsal Ali of e West Bengal, a Benéficiary under the ion System (PDS) purchased edible oil depot as his family quota. mily members have suffered par. wer limbs. The Food Laboratory oil was adulterated with rap entire family suffered par: s Scanned with CamScannerno. 23 , Company, @ manufacturer of ditions restricting to sell only sographical territories to its They were not to sell the als, firms or-corporations, mess in the territory. The want to bring an action manufacturer of sell only within Scanned with CamScanner256 owever, the restriction that the a specified geographical territory should trucks except to individuals, firms or wing the place of business in the territory ‘ble restriction resulting in appreciable n competition (AAEC) and hence the ibutors and dealers can bring an action tor Company under the Competition events any enterprise or association agreement which causes or is appreciable adverse effect on ) within India..The Act clearly eement which is contravention of nt stage ‘or levels of the markets, in respect of \, storage, sale or price services, including- Scanned with CamScanner257 efusal to deal Sale price maintenance ‘ cause an appreciable adverse effect on competition ce it is prohibited under the Act. aa H PROBLEM No. 24 oil company requires the service station stock exclusively the tyres manufactured any ‘B’, a rubber company. It was also en them that ‘B’ company would pay s to company ‘A’ on all sale of tyres. ANSWER: company requiring the service station lusively the tyres manufactured by ber company and agreeing between mapany would pay commissions to y enterprise or association | which causes or is ~ Scanned with CamScanner258 ‘Petition eNvisages th, AAEC) within India. The Act clearly at : 7 tion 3/7) .. 1 aeteement which is contravention of (1) is void, : ts ; Sreement at different stage or levels of the Producti el ction chain in different markets, in respect of ror i ss 3 SeeeEeHCRSUPply distribution, storage, sale or price of, ; e : : A or trade in goods or provision of services, including- tie-in arrangement; exclusive supply agreement 3. refusal to deal 4. resale price maintenance cause an appreciable adverse effect‘on competition and hence it is prohibited under the Act. Fa a Scanned with CamScannerANSWER: ent made by Milind’ giving to only for East, West, North and South India listributors to sell in each other’s under Sec. 3 (1) of the Competition “ ents any enterprise or association “any agreement which causes or is appreciable adverse effect on within India. The Act clearly ment which is contravention: of it markets, in respect of ition, storage, sale or price 1 of services, including- Scanned with CamScanner