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Walmart's Entry

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  • Jan. 10, 2013
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Questions on Consumer Protection Act

1. What are the objects of the Consumer Protection Act? - 40 2. Define the following terms as used in the Consumer Protection Act. Complaint, complainant, consumer, manufacturer, restrictive trade practice,

unfair trade practice, defect and deficiency.

3. What is the jurisdiction of a Consumer Disputes Redressal Forum( the District Forum)? In what manner is a complaint filed before it? What procedure is followed by it after receiving a complaint? 4. Write a note on Consumer Disputes Redressal Commission( the State Commission)? As to its composition, jurisdiction and procedure to be followed by it. 5. What is the composition of the National Consumer Disputes Redressal Commission (the National Commission)? What is its jurisdiction and what is the procedure applicable to it?

1.The Competition Act, 2002 deals with the agreement. Differentiate between Horizontal Agreement and Vertical Agreement.
Answer
Section 2(b) of Competition Act, 2002 defines the term “agreement” which includes any arrangement or understanding or action in concert: (i) Whether or not, such arrangement, understanding or action is formal or in writing; or (ii) Whether or not such agreement, understanding or action is intended to be enforceable by legal proceedings; Agreements may be horizontal agreements and vertical agreements. Horizontal agreements referred to agreements among competitors and vertical agreements to an actual or potential relationship buying or selling to each other; Horizontal agreements relating to prices quantities, bids and market sharing are particularly anticompetitive. Vertical agreements like tie in arrangements; exclusive supply/distribution agreements and refusal to deal are also generally anti-competitive. Horizontal agreements are those agreements among competitors operating at the same level in the economic process i.e., enterprises engaged in the same activity. For example...