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@article{194594,
author = {Pinky bansal},
title = {Regulation of Horizontal and Vertical Agreements under the Competition Act, 2002: Understanding Their Anti-Competitive Effects},
journal = {International Journal of Innovative Research in Technology},
year = {2026},
volume = {12},
number = {10},
pages = {5207-5215},
issn = {2349-6002},
url = {https://ijirt.org/article?manuscript=194594},
abstract = {Agreements between businesses are a normal part of commercial activity and are often necessary for efficient production and distribution of goods and services. However, in cases where such agreements limit competition, it may be detrimental to the consumers and the market. The Competition Act, 2002, regulates these agreements in India to ensure fair competition. Competition laws usually place anti-competitive agreements in two categories, namely, horizontal agreements and vertical agreements. The Act has not used the terms "horizontal agreements" and "vertical agreements"; however, the words used in the Act indicate that agreements in Section 3(3) and Section 3(4) are horizontal and vertical agreements, respectively.
Horizontal agreements are agreements between the enterprises working on the same level of the market, such as agreements between competing manufacturers or sellers. These agreements include practices such as price fixing, market sharing, limiting production, and bid rigging. Section 3(3) of the Competition Act provides that certain horizontal agreements are presumed to cause an appreciable adverse effect on competition, including cartels. They are treated strictly and are generally prohibited without requiring detailed economic analysis.
On the other hand, vertical agreements are defined under Section 3(4) of the Competition Act, which prohibits vertical agreements, i.e., agreements between enterprises at different levels of the production chain in different markets for goods or services, which cause or are likely to cause an appreciable adverse effect on competition in India. These include arrangements like exclusive supply agreements, exclusive distribution, tie-in arrangements, refusal to deal, and resale price maintenance.
This paper explains the legal framework governing both horizontal and vertical agreements, discusses their anti-competitive effects, and examines important decisions of the Competition Commission of India and Indian courts. The study highlights how Indian competition law follows a balanced approach—strictly prohibiting harmful horizontal agreements while carefully evaluating vertical agreements to distinguish between anti-competitive practices and legitimate business arrangements.},
keywords = {Horizontal agreements, Competition Act, vertical agreements, anti-competitive agreements},
month = {March},
}
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