Indian Competition Law

Download .pdf, .docx, .epub, .txt
Did you like this example?

persons causes any AAEC in India subject to conditions under section 3(3) (a) to (d), if it does so then only it will be covered under this section. 5.4 Enterprises:- The meaning of enterprises for the purpose of this Act has been defined under Section 2(h) of the Act as under:-

  • =Enterprise‘ means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions or subsidiaries, whether such unit or division or subsidiary is located at the same place where the enterprise is located or at a different place or at different places, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence, and space.

Explanation.-For the purposes of this clause,– (a) ―activityâ€- includes profession or occupation; (b) ―articleâ€- includes a new article and ―serviceâ€- includes a new service; (c) ―unitâ€- or ―divisionâ€-, in relation to an enterprise, includes– (i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service;â€-65 The substance of the definition of enterprise is that it can either be a person (section 2(l)) or a department of government subject to the conditions specified in the definition carrying on an economic activity in the supply of goods or services. The definition makes it clear that all person66 or department of the government, any other entity cannot for the purpose of the Act, be treated as an enterprise unless it is engaged in commercial activities.

Don’t waste time! Our writers will create an original "Indian Competition Law" essay for you whith a 15% discount.

Create order

65 Section 2 (h)
66 Section 2(l)
  • 35 –

5.5 Trade Associations:- Trade associations have not been specifically dealt under the Act but they come under the purview of section 3 for they are merely association of enterprises engaged in similar kind of trade. Trade association can be defined as an association of business organizations having similar concerns and engaged in similar fields, formed for mutual protection, the interchange of ideas and statistics, and the establishment and maintenance of industry standards.67 Trade associations in India, as a socially responsible body and in enlightened self interest,

Do you want to see the Full Version?

View full version

Having doubts about how to write your paper correctly?

Our editors will help you fix any mistakes and get an A+!

Get started
Leave your email and we will send a sample to you.
Thank you!

We will send an essay sample to you in 2 Hours. If you need help faster you can always use our custom writing service.

Get help with my paper
Sorry, but copying text is forbidden on this website. You can leave an email and we will send it to you.