Agreements referred to in Section 3(3) of the Competition Act, 2002 - such as those fixing prices, limiting production or dividing markets - are presumed to:

Section 3(3) of the Competition Act sets out specific categories of agreements (price-fixing, limiting production, market division, bid-rigging, and agreements causing denial of market access) which are presumed to have an APPRECIABLE ADVERSE EFFECT on competition, and such agreements are VOID. This statutory presumption shifts the inquiry: the prohibition operates without requiring the Commission to prove adverse effect in each case. The agreements thus render the parties liable to the Act's penalties. The presumption is a defining feature of the competition law's treatment of cartels and horizontal restraints.