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    <title>2019 (4) TMI 2167 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI</title>
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    <description>NCLAT dismissed appeal challenging Competition Commission&#039;s order regarding alleged anti-competitive practices by cement manufacturers and dealers association. The tribunal upheld Commission&#039;s finding that no contravention of Section 3(3) read with Section 3(1) of Competition Act was established. Investigation revealed dealers association had no role in appointment/termination of dealers, which remained manufacturers&#039; prerogative. Isolated instances of two manufacturers withdrawing post-sale discounts insufficient to prove anti-competitive agreement. Court emphasized anti-competitive agreements require clear evidence of meeting of minds, and mere exhortations without direct competitive impact don&#039;t constitute violations.</description>
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    <pubDate>Tue, 16 Apr 2019 00:00:00 +0530</pubDate>
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      <description>NCLAT dismissed appeal challenging Competition Commission&#039;s order regarding alleged anti-competitive practices by cement manufacturers and dealers association. The tribunal upheld Commission&#039;s finding that no contravention of Section 3(3) read with Section 3(1) of Competition Act was established. Investigation revealed dealers association had no role in appointment/termination of dealers, which remained manufacturers&#039; prerogative. Isolated instances of two manufacturers withdrawing post-sale discounts insufficient to prove anti-competitive agreement. Court emphasized anti-competitive agreements require clear evidence of meeting of minds, and mere exhortations without direct competitive impact don&#039;t constitute violations.</description>
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