Law:

Section: 4, 30, 31, 37 & 38

Competition Act (XIX of 2010)--- ----Ss. 4, 30, 31, 37 & 38---Prohibited agreement---Respondent/ undertaking, was a company engaged in manufacturing and supply of paints and allied products---Complainant who was also active in the business of paints alleged that respondent had fixed minimum retail price at which its dealers or distributors/retailers might sell its products and in case of non-compliance with the price so fixed complainant would suffer---Complainant also alleged that respondent had circulated to all distributors/retailers intimating that its dealers should sell the products only at its fixed retail price---Said practice had been going on for some time and the respondent had on various occasions, cut-off the supply and imposed penalties on dealers who sold at prices other than the respondent's fixed prices---Enquiry Committee, constituted by the Commission concluded that respondent was prima facie involved in imposing a vertical restraint on its dealers by maintaining a minimum sale price, which appeared to be in contravention of S. 4(3)(a) of the Competition Act, 2010---Enquiry Committee concluded that restriction imposed by the respondent on its dealers, not to sell its products to unauthorized dealers, was recommendatory in nature, hence it did not find the same to be in contravention of the provisions of Competition Act, 2010---Enquiry Committee had recommended initiation of proceedings under S.30 of the Competition Act, 2010---Competition Commission was empowered to impose a fine under S.38 of the Act and issue "cease and desist order" under S. 31 if there was violation of S. 4 of the Act---Counsel of the respondent on the basis of the acceptance by Commission amended commitment of the respondent, took the plea that a lenient view be taken in imposition of fine---Commission, while imposing fine, had taken into view the nature of violation, which in the present case, was price fixing---Alleged violation, continued for almost 3 years and was discontinued only after the issuance of the show-cause notice and during hearings before the Commission---Penalty of Rupees five million, was imposed on the respondent, which amount was liable to be…

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