THE MONOPOLIESTHE MONOPOLIESAND AND

RESTRICTIVE TRADE RESTRICTIVE TRADE PRACTICES (MRTP) PRACTICES (MRTP)

ACT, 1969ACT, 1969

By : Amit Kumar GiriBy : Amit Kumar GiriPGDM Sec.APGDM Sec.ARoll No. 13Roll No. 13

IIMT Professional CollegeIIMT Professional College

This Act was enacted:• To ensure that the operation of the

economic system does not result in the concentration of economic power in the hands of few

• To provide for the control of monopolies• To prohibit monopolistic and restrictive

trade practicesThe MRTP Act extends to the whole of India except Jammu and Kashmir

APPLICATION OF THE ACTAPPLICATION OF THE ACTThis Act shall not apply to:

• Any undertaking owned or controlled by the Government Company

• Any undertaking owned or controlled by a corporation

• Any undertaking owned by a co-operative society formed and registered under any Central, Provincial or State Act

• Any financial institution

RESTRICTIVE TRADE RESTRICTIVE TRADE PRACTICEPRACTICE

A restrictive trade practice is a trade practice which:

• Prevents, distorts or restricts competition in any manner

• Obstructs the flow of capital or resources into the stream of production

• Tends to bring about manipulation of prices or conditions

RELIEF AVAILABLERELIEF AVAILABLE• The practice shall be discontinued or

shall not be repeated• The agreement relating thereto, shall

be void

UNFAIR TRADE PRACTICEUNFAIR TRADE PRACTICEA trade practice which, for the purpose of promoting any sale, use or supply of any goods or services, adopts unfair method. These are categorized as:

• False Representation• False Price or Bargain Price• Free gifts offer and Prize Schemes• Non-compliance of Prescribed Standards• Hoarding, Destruction etc.

1. FALSE REPRESENTATION1. FALSE REPRESENTATION• Falsely suggests that the goods are of particular

standard quality, grade and composition• Falsely suggest any re-built good as new one• Makes a misleading representation concerning for

the need for, or the usefulness of, any goods or services

• Gives any warrantee or guarantee to the performance and efficacy of the goods that is not based on proper tests

• A promise to replace until it has achieved a specified result

2. FALSE OFFER OR 2. FALSE OFFER OR BARGAIN PRICEBARGAIN PRICE

When an advertisement is published in newspaper, offering goods at a bargain price when in fact there is no such intention that the same may be offered at the same price for reasonable period

3. FREE GIFTS OFFER AND 3. FREE GIFTS OFFER AND PRIZE SCHEMESPRIZE SCHEMES

• Offering any gifts along with some other goods when the intention is different

• Creating an impression that something is offered free when in fact the price is included in the price of article sold

• Offering some prizes to the buyers by the conduct of any contest with real intention to promise sales

4. NON-COMPLIANCE OF 4. NON-COMPLIANCE OF PRESCRIBED STANDARDSPRESCRIBED STANDARDSAny sale or supply of goods, knowing or having reason to believe that the goods do not comply with the standards prescribed by some competent authority

5. HOARDING, 5. HOARDING, DESTRUCTION ETC.DESTRUCTION ETC.

Any practice of that permits the hoarding or destruction of goods, with an intention to raise the cost of those or other similar goods

RELIEF AVAILABLERELIEF AVAILABLE• The practice shall be discontinued or

shall not be repeated• The agreement relating thereto, shall

be void• Any information relating to such

unfair trade practice shall be disclosed

REMEDIES UNDER THE ACTREMEDIES UNDER THE ACT• Temporary Injunction• Compensation