Given this power of the ICC, it becomes essential that parties present in India be aware of the agreements that may fall within the framework of the designation « anti-competitive ». In this newsletter, we will discuss the situations and conditions under which an agreement may become anti-competitive. When it is confirmed that the parties are operating at different levels of trade within the meaning of an agreement and that the agreement has an « impact on trade », the procedure for assessing the vertical agreement under Article 101 of the Treaty on the Functioning of the European Union is, on the whole, the following: the law aims to prevent the practices of the parties with the AAEC in India. This can guarantee free trade and would protect the interests of all parties, including consumers. However, such an objective would only be achieved if the commercial parties complied with the principles set out in the legislation. It is important that the parties monitor the maintenance of anti-competitive elements in the agreements reached between them during their activities in India. Companies should proactively and thoroughly identify existing anti-competitive elements of their current agreements. Staff can be trained to understand the effects of anti-competitive agreements and understand how they can avoid doing so. If necessary, individuals and businesses can always consult experts who can lead them to a safer option.
(1) By Se Violation – does not require further study of the actual impact of the practice on the market or the intentions of those involved in this practice (i.e. horizontal agreements for market sharing or customer sharing). The analysis below is based on 14 European competition law cases in the area of concerted practices. In most cases, this is horizontal cooperation as opposed to vertical cooperation. Horizontal agreements are agreements between two or more parties operating at the same level of the production, supply and distribution chain, . B between two suppliers or two retailers. Joint sales agreements, joint sales agreements, specialisation agreements, and R and D concluded between competing companies are examples of this. Some vertical agreements probably have restrictions that do not comply with Article 101 of the TFUE. These are agreements that contain provisions: a vertical agreement is a term used in competition law to refer to agreements between companies at different levels of the supply chain. For example, a consumer electronics manufacturer could have a vertical agreement with a retailer to promote its products in exchange for lower prices. Franchising is a form of vertical agreement and, according to EU competition law, this falls within the scope of Article 101.
 Section 3 (1) of the Act provides for a general prohibition on entering into agreements that could create or create an AAEC in India: one way to distinguish between horizontal and vertical cooperation of the ECJ is the review of case law.