Download - Presentation of MRTP

8/6/2019 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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