Explain various type of restrictive trade practices under section 33 of MRTP

The are various types of restrictive trade practices under Section 33 of MRTP that are remittable with the director general. They are:

Refusal to Deal: This is an agreement under which there is restriction for the goods to be purchased or sold.

Tie-up Sales and Full Line Forcing: This is called as tying arrangement. It is the agreement that requires a purchaser of goods as a precondition of the deal to purchase the other hoods.

Exclusive Dealing: This is any agreement that restricts the purchasers during trading to acquire or deal other goods other than from the seller or any other person.

Collective Agreement: This is an agreement where the buyers and sellers work jointly to make in huge gains.

Discriminatory Dealings: It is the practice of concession granting or benefit granting that also includes allowing of discounts or rebates on certain discriminatory basis.

sale Price Maintenance: This is an agreement signed between the buyers and the sellers where the dealers are advised to sell the products either at a minimum price, or a maximum price as asked by the dealers.

Territorial Restrictions: This agreement restricts the supply of goods in any particular area.

Controlling Manufacturing Process: Under this agreement, there is a complete restriction of employment via any method, machinery or process during the manufacturing of goods.

Boycott: This is an agreement where the trader boycotts himself from the trade associations to share certain personal benefits.

Predatory Pricing: It is the agreement that asks the dealers to sell the goods at such a price that can eliminate competitors or the competition.

Restrictive on class of Suppliers from whom the Products are Purchased: Under this agreement, there is a restriction on number of whole sellers of dealers who are selling the goods.

Abstinence from Bids in Auction: This is an Act where the concept of abstinence from bidding in auction is encouraged for certain personal benefits.

However, those that are exempted from being registered are:

  • Agreements taking place in J&K.
  • Agreements via undertakings that are exempted under Section 3 falling under MRTP Act.
  • The restrictive trade practices that are must for safeguarding rights of patentees.
  • The restrictive trade practices that relate to production, supply or control of goods for exporting.
  • For an agreement, where there is dealing between buyer and seller for making personal gains by consuming the goods on their own.
  • Certain restrictive trade practices approved by central government and agreements to which the central government is also a party.
  • Certain agreements with no substantial economic significance.
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