In view of the coronavirus crisis, the Competition Commission of India (CCI) has allowed businesses to collaborate, assuring that sanctions would not be imposed on them under the anti-trust laws for such activities, reported the Business Line.
The CCI advisory has clarified that this announcement complies with the Competition Act, 2002, which safeguards businesses from sanctions for specific coordinated activities that result in increasing their efficiency.
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It has warned all businesses looking to make collaborative arrangements to not exploit the crisis situation for violating any provisions of the Competition Act,
The advisory further stated: “These provisions will inform the decisions of the Commission. However, only such conduct of businesses which is necessary and proportionate to address concerns arising from COVID-19 will be considered.”
The Competition Act prohibits firms from conducting business in a manner that has the potential to harm its competition; it presumes collaborative action between competitor businesses can lead to such adverse effects. However, this does not apply to joint ventures or instances where collaborative agreements lead to increased efficiency vis-à-vis production, storage, acquisition of goods, etc.
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The outbreak of the novel coronavirus disease in India has already disrupted supply chains, including that of goods and services listed as essentials, due to the fear of contracting COVID-19. The CCI advisory noted that to cope with such an extraordinary situation, several businesses may have to collaborate for certain activities to continue with the production and distribution process.
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