INDIAN COMPETITION (AMENDMENT)ACT,2007HAS NOT MADE DIFFERENCE BETWEEN PER SE RULE AND RULE OF REASON.

Abstract

Competition Agencies all across the world examine anti – competitive agreements by either per se rule or rule of reason. The competition laws of most countries had made the distinction because there was consensus about the hardcore activities like cartelization had pernicious effect and should be made illegal by the laws. In those cases the competition agencies are supposed to balance the pro competitive benefits and anti-competitive effects in determining the allegation against alleged parties. The Indian law had not made any sharp distinction between the two and the liability is based on appreciable adverse effect on competition within India. The paper examines the stand of India in respect of per se rule and rule of reason.