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Three suppliers of a product secretly agree that two of them will stay out of a government tender, so that the third wins at a higher price. Which practice under the Competition Act, 2002 does this…

Question and options

Three suppliers of a product secretly agree that two of them will stay out of a government tender, so that the third wins at a higher price. Which practice under the Competition Act, 2002 does this describe?

  1. Bid rigging

  2. Resale price maintenance

  3. Abuse of dominant position

  4. Tie-in arrangement

Answer and explanation

Correct answer: A - Bid rigging

Section 3(3)(d) of the Competition Act, 2002 covers agreements between competitors that directly or indirectly result in bid rigging or collusive bidding, which are presumed to have an appreciable adverse effect on competition. Abuse of dominance under section 4 concerns a single dominant enterprise, and tie-in and resale price maintenance are vertical agreements under section 3(4).

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  • CUET PG Law (LL.M.)

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