Which agreements, if, entered into between enterprises or persons or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or persons, including cartels, engaged in identical or similar trade of goods or provision of services shall be presumed to have an appreciable adverse effect on competition as per section 3 of the Competition Act?

Solution

Section 3. Anti-competitive agreements: (3) Any agreement entered into between enterprises or associations 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, technical 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 goods or services, or number of customers in the market or any other similar way; (d) directly or indirectly results in bid rigging or collusive bidding, shall be presumed to have an appreciable adverse effect on competition.