logo     Home | About Us | Contact Us
round round
search a lawyer
Country:
City:
ACTS, STATUTES
letterboxSubmit Article
loginArticle Login
 
lawyer
Find a Lawyer :
Country :
State :
City :
Category :
 
Home > Immigration, Appeal and Others > Monopolistic and Restrictive Trade Practice under MRTP act, 1969
round round
round round
Monopolistic Trade Practices
Please Login to view further pages.
A monopolistic trade practice is one, which has or is likely to have the effect of:
  1. maintaining the prices of goods or charges for the services at an unreasonable level by limiting, reducing or otherwise controlling the production, supply or distribution of goods or services;
  2. unreasonably preventing or lessening competition in the production, supply or distribution of any goods or services whether or not by adopting unfair method or fair or deceptive practices;
  3. limiting technical development or capital investment to the common detriment;
  4. deteriorating the quality of any goods produced, supplied or distribute; and
  5. increasing unreasonably-
    1. the cost of production of any good; or
    2. charges for the provision, or maintenance,of any services; or
    3. the prices for sale or resale of goods; or
    4. the profits derived from the production, supply or distribution of any goods or services.
A monopolistic trade practice is deemed to be prejudicial to the public interest, unless it is expressly authorized under any law or the Central Government permits to carry on any such practice.
INQUIRY INTO MONOPOLISTIC TRADE PRACTICES
 
The Commission may inquire into
 
Any monopolistic trade practice,
  1. Upon a reference made to it by the Central Government or
  2. Upon an application made to it by the Director General or
  3. Upon it own knowledge or information
RELIEF AVAILABLE
  1. Where the inquiry by the Commission reveals that the trade practice inquired into operates or is likely to operate against public interest, the Central Government may pass such orders as it thinks fit to remedy or present any mischief resulting from such trade practice.
  2. On an inquiry report of the Commission, the Central Government may-
    1. Prohibit the owner(s) of the concerned undertaking(s) from continuing to indulge in a monopolistic trade practice; or
    2. Prohibit the owner of any class of undertakings or undertakings generally, from continuing to indulge in any monopolistic trade practice in relation to the goods or services.
  3. The Central Government may also make an order:
    1. Regulating the production, storage, supply, distribution, or control of any goods or services by an undertaking and fixing the terms of their sale (including prices) or supply;
    2. Prohibit any act or practice or commercial policy which prevents or lessens competition in the production, storage, supply or distribution of any goods or services;
    3. Fixing standards for the goods used or produced by an undertaking;
    4. Declaring unlawful the making or carrying out of the specified agreement;
    5. Requiring any party to the specified agreement to determine the agreement within the specified time, either wholly or to specified extent;
    6. Regulating the profits which may be derived from the production, storage, supply, distribution or control of any goods or services; or
    7. Regulating the quality of any goods or services so that their standard does not deteriorate.
privious continue


round round
round round
 
round round
Introduction
Restrictive Trade Practice
Unfair Trade Practice
Monopolistic Trade Practices
Powers of The Commission
Remedies under The Act
Personal Phone Legal conference
Discuss your legal concerns from anywhere in the world in person, on phone

Click here for appointment
Property / Real Estate
Legal verified real estate. Choose from our list of properties with clear title.

Search property
Home | Legal Enquiry | India Lawyers | Law Firms Lawyers | Add Lawyer Listing | Recommend to Friends | Contact Us
© copyright 2008-2009, Helplinelaw.com Terms of USE
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India   abroad regarding their individual legal, civil   criminal issues or consult one of the experts online.