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How to delete an Amazon account in

2019?
• Raise a ticket to amazon.com through a chat with an
executive.
• Receive an email with a link.
• Click on the link in the email.
• Re-directs to Amazon.com where it sends another
request for deletion.

• No clear buttons throughout the platform for


deletion.
• Lack of proper guidance/documentation indicating
the steps for deletion.
• Maximum friction and Lock in.
Competition Laws/Anti Trust Laws
• Law to that promotes or seeks to maintain
market competition by regulating anti-
competitive conduct by companies.

• Anti Competitive Agreement


• Abuse of Dominant Position
• Combinations
The Competition Act, 2002
• Section 3: Anti Competitive Agreement
• Section 4: Abuse of Dominant Position
• Section 5: Combinations
• Section 6: Regulation of Combination
Section 3: ANTI COMPETITIVE AGREEMENT
 
Enterprises, persons or associations of enterprises or persons, including cartels,
shall not enter into agreements in respect of
production,
supply,
distribution,
storage,
acquisition or
control of goods or provision of services,
 
which cause or are likely to cause an "appreciable adverse impact" on
competition in India.

Following agreements might also be included:

• Bid Rigging
• Tie-in Arrangements
• Exclusive Supply Agreements
• Exclusive Distribution Agreements (Spare Parts case!!)
• Refused to Deal Agreements (Spare Parts case!!)
• Resale Price Maintenance (Snapdeal case, Hyundai case)

 
Exceptions to Section 3
• Patents
• Copyright
• Designs
• Production, Supply, distribution or
Control of Export Goods from India.
Section 4: Abuse of Dominant Position

Section 4(2) prevents following acts resulting in abuse of dominant position:

1. Impose unfair or discriminatory condition or price in sale and purchase


of goods or services;
2. Limit or restrict;
-Production of goods or services
-Technical or scientific development relating to goods or services to the
prejudice of consumers;

3. Indulges in practice resulting in denial of market access;

4. Make conclusion of contracts subject to acceptance of other contracts,


which has no connection with original contract;
5. Use its dominant position in one market to enter into other
relevant market;
In substance, ‘dominant position’ means the position of strength enjoyed by
an enterprise that enables it to act independently of competitive forces
prevailing in the relevant market. 
Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions
Pvt. Ltd. v. ANI Technologies Pvt. Ltd. (“Ola case”) 

 
Predatory Pricing of Ola. Heavy discount to
Facts:
Customers and High Incentive to “Driver Partners”.
Exclusive agreements—lock in drivers. Access to Funding
from Venture Capitalists!!
 
Issue: Dominance of OLA in the relevant market??
 
Dominance of OLA is measured by:
• Market share of OLA;
• Its competitors in relevant market;
 
Judgment:
Market share is not sole criteria of dominance…rise of Uber is a
competition to Ola. “Aggressive pricing strategy” of OLA is a result
of Uber rise.
 Access to funding is NOT a constraint to smaller competitors.
Technology market is running on Innovation and funding is part of
the Innovation game.
 
Section 5: Combinations
 
Combination means merger, amalgamation of Companies or
acquisition or control, shares, voting rights or asset of one company
by another company or group.
 
Two categories (Acquisition):
 
1. Before Acquisition:
 
Acquirer or Acquiree or Jointly have either in India assets of >1000
Crore or turn over >3000 Crore or in India or Outside India, in
aggregate, the assets of >$500 Million, including at least Rs. 500
crore in India or turn over >$1500 Million including at least Rs.
1500 Crore in India.
 
2. After Acquisition:
Jointly have either in India assets >4000 crore or turn over >Rs.
12000 Crores or In India or outside India, in aggregate, the assets
>$2 Billion including at least Rs. 500 Crores in India or turnover >$6
Billion including at least Rs. 1500 Crores in India.
Merger:
• after merger or the enterprise created as
a result of the amalgamation have either
in India, the assets of the value of>Rs.
1000 Crores or turn over >3000 Crores or
in India or outside, In aggregate, the
assets of the value of >>$500 Million
including at leastRs. 500 Crores in India
or turnover >$1500 including at least Rs.
1500 Crores in India
Section 6: Regulation of Combination


Notice to the Competition Commission of India


within 30 days from execution of agreement-
 Contents of Notice:
approval of the proposal relating to mergers or
amalgamation by the Board of Directors of the
Co. concerned.
 
-No Combination shall come into effect until 210 days have
passed from day on which notice has been given to
Commission.
 
Exceptions:
 
Public financial institution, foreign institutional investor,
bank or venture capital fund, pursuant to any covenant of a
loan agreement or investment agreement.
 
ACA (3) or ADP (4) or Combination (5)
-----! AAEC! Competition Act, 2002

ACA: Anti Competitive Agreements


ADP: Abuse of Dominant Position
AAEC: Appreciable Adverse Effect on
Competition
Competition Commission of India

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