THE MONOPOLIES
      AND
RESTRICTIVE TRADE
PRACTICES (MRTP)
    ACT, 1969
        By : Amit Kumar Giri
             PGDM Sec.A
             Roll No. 13
      IIMT 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 practices
  The MRTP Act extends to the whole of
  India except Jammu and Kashmir
APPLICATION OF THE ACT
    This 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
         PRACTICE
  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 AVAILABLE
• The practice shall be discontinued or
  shall not be repeated
• The agreement relating thereto, shall
  be void
UNFAIR TRADE PRACTICE
    A 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 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
      BARGAIN 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
      PRIZE 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
PRESCRIBED STANDARDS
Any 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,
    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 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 ACT
• Temporary Injunction
• Compensation

14768601 mrtp-act-1969

  • 1.
    THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES (MRTP) ACT, 1969 By : Amit Kumar Giri PGDM Sec.A Roll No. 13 IIMT Professional College
  • 2.
    This Act wasenacted: • 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 practices The MRTP Act extends to the whole of India except Jammu and Kashmir
  • 3.
    APPLICATION OF THEACT This 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
  • 4.
    RESTRICTIVE TRADE PRACTICE 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
  • 5.
    RELIEF AVAILABLE • Thepractice shall be discontinued or shall not be repeated • The agreement relating thereto, shall be void
  • 6.
    UNFAIR TRADE PRACTICE A 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.
  • 7.
    1. 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
  • 8.
    2. FALSE OFFEROR BARGAIN 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
  • 9.
    3. FREE GIFTSOFFER AND PRIZE 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
  • 10.
    4. NON-COMPLIANCE OF PRESCRIBEDSTANDARDS Any 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
  • 11.
    5. HOARDING, 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
  • 12.
    RELIEF AVAILABLE • Thepractice 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
  • 13.
    REMEDIES UNDER THEACT • Temporary Injunction • Compensation