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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