Presentation of MRTP
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Transcript of Presentation of MRTP
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THE
MONOPOLIESANDRESTRICTIVE
TRADEPRACTICES ACT,
1969
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Mangesh Jadhav 107
Samrat Murar 112
Sreeju Panicker 126 Mohsin Rohekar 127
Shekar Pagare 89
Sachin Wayal 118
Deepak Changwal 90
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GOVERNING ACT, 1969
The MRTP Act, 1969 has itsgenesis in the Directive
Principles of State Policyembodied in the Constitution ofIndia.
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(b) The ownership and control of material
resources of the community are so distributed
as to best serve the common good.
(c) The operation of the economic system does
not result in the concentration of wealth andmeans of production to the common
detriment.
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An agreement restricting, by any method, thepersons or classes of persons to whom goodsare sold or from whom goods are bought.
An agreement requiring a purchase of goods
An agreement restricting the purchaser fromacquiring
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An agreement to purchase or sell goods
An agreement to grant or allow concession
An agreement to sell goods on condition thatthe prices to be charged on resale shall be theprices stipulated by seller
An agreement to limit, restrict or withhold the
output or supply of any goods
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An agreement restricting the employment ofany method
An agreement to exclude from any tradeassociation
An agreement to sell goods at such prices aswould have the effect of eliminating
competition or a competitor An agreement restricting the class or number of
wholesalers, producers or suppliers fromwhom any goods may be bought
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An agreement to offer joint bids or to abstainfrom bidding, at an auction sale
An agreement notified by the centralgovernment as relating to a restrictive tradepractice
An agreement to enforce the carrying out of
any of the aforesaid agreement.
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An Unfair trade practice means a trade practicewhich, for the purpose of promoting any sale,use or supply of any goods or services, adopt
any unfair method or unfair practice.
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False representation
False offer of bargain price
Free gift offer and prize schemes
Non - compliance of prescribed standards
Hoarding , destruction , etc.
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SC has laid down following guidelines
That the action of passing off of ones goods asthe goods of others.
To gain economic benefit out of reputationestablished by the other party by adoptingsimilar name and similarity in features of
product. The nature of marks on the goods is to be
consider.
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The degree of resemblance between the marks ,phonetic similarity and similarity of idea
The nature of goods in respect of which they
are used as trade marks
The similarity in nature , character andperformance of the goods of rival traders
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A trade association
Any consumer
A registered consumer association
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MRTP commission
Director general
Jurisdiction of MRTP commission
Preliminary investigation
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Temporary injection
Compensation
Special remedies under monopolistic tradepractices
Special remedies under unfair trade practices
Special remedies against restrictive trade
practices
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Resale price means the price notified to thedealers or published by the suppliers of goodsas the price or minimum price which is to be
charged on or is recommended as appropriateor any price prescribed or purporting to be soprescribed by any contract between thewholesaler or retailer and the supplier.
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No supplier shall withhold supplier of anygoods from any wholesaler or retailer who hasordered for such goods
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