Restrictive and Unfair Trade Practices.

Here is the response from India, regarding the need to seek competition
authority approval. As you will see, Jane's response focusses on registering
agreements, but her conclusion is that the focus would be at the Foreign
Investment Board. Let me know if you need more. mcs
-------------------- Forwarded by Mark Schroeder/LON/ECT on 04/06/2000 15:59
---------------------------

Jane Wilson@ENRON_DEVELOPMENT
04/06/2000 23:08
To: Mark Schroeder@ECT
cc:

Subject: Restrictive and Unfair Trade Practices.

Nothing that I see on basic market power. I think they would focus on the
FIPB requirements.

S.33 Registrable agreements relating to restrictive trade practices. (1)
Every agreement falling within one or more of the following categories shall
be deemed, for the purposes of this Act, to be an agreement relating to
restrictive trade practicews and shall be subject to registration. . .:

(a) agreement which restricts or is likely to restrict, by any method the
persons or classes o fpersons to whom goods are sold or from whom goods are
bought.
(b) any agreement requiring a purchaser of goods as a condition of such
purchase to purchase some other goods.
© any agreement restricting in any manner the purchaser in the course of
his trade from acquiring or otherwise dealing in any goods other than those
of the seller or any other person.
(d) any agreement to purchase or sell goods or to tender for the sale or
purchase of goods only at prices or on terms or condtions agreed upon between
the sellers or purchasers;
(e) any agreement to grant or allow concessions or benefits, including
allowances, discounts, rebates or credit in connection with, or by reason of
dealings.
(f)` any agreement to sell goods on condition that the prices to be charged
on resale by the purchaser shall be the prices stipulated by the seller
unless it is clearly stated that prices lower than those prices may be
charged.
(g) any agreement to limit, restrict or withhold the output or supply of any
goods or allocate any area or market for the disposal of the goods.
(h) any agreement not to employ or restrict the employment of any method,
machinery or process in the manufacture of goods.
(i) any agreement for the exclusion from any trade association of any person
carrying on or intending to carry on, in good faith the trade in relation to
which the trade association is formed.
(j) any agreement to sell goods at such prices as would have the effect of
eliminating competition or a competitor
(j(a)) any agreement restricting in any manner, the class or number of
wholesalers, producers or suppliers from whom any goods may be bought
(j(b)) any agreement as to the bids which any of the parties thereto may
offer at an auction for the sale of goods or any agreement whereby any party
thereto agrees to abstain from bidding at any auction for the sale of goods.
(k) anyu agreement not hereinbefore referred to in this section which the
Central Government may by notification specify for the time bein g as being
one relating to a restrictive trade practice within the meaning of this
sub-section.
(l) any agreement to enforce the carryng ou to fany such agreement as is
referred to in this subsection.