Samir research Indian Real Earth Limited [IREL] i.

Dominant (operate independently of competitive forces prevailing in relevant market) ii. Abuse [S. 4.2.b.i]- limits production of goods b. Vertical Agreement (Agreement between enterprises at different levels of production chain in different markets in respect of supply) i. Anti- competitive (S. 3.4.): See above Vertical Agreements 1. Criteria of anti- competitive agreement (S. 19.3.a-f) a. Barrier/hinderance to new entrants b. Driving out existing competitor c. Benefit to consumers/society d. Efficiency 2. Test a. US Dept of Justice Speech i. Negative tests 1. meaningful rivals cannot readily avoid the cost increases by turning to other input suppliers or alternatives to the foreclosed input1; 2. input foreclosure or cost increase has a material impact on the ability of those rivals to do business in the market in which they compete with the manufacturer 2 3. Concentration of market power ii. Positive tests 1. Efficiency b. EU Vertical Agreement Guidelines i. Test 1. Anti- competitive foreclosure of competitors a. Market position of competitors 2. Extent of exclusion 3. Duration of exclusion 4. Level of trade 5. Nature of product

1 2

http://www.justice.gov/atr/public/speeches/1623.htm#N_12_ http://www.justice.gov/atr/public/speeches/1623.htm#N_12_