Court : Delhi
..... the mrtp act with effect from 1st september 2009. on 14th october 2009 the president promulgated the competition (amendment) ordinance, 2009 amending sections 66(1), 66(3), 66(4) and 66(5) of the ca. this later was enacted as the competition (amendment) act, 1999 (`caa 1999'). on 4th march 2010 the rtpe case no. 5 of 2009 ..... unfair trade practice has also been alleged), before the monopolies and restrictive trade practices commission shall, on the commencement of the competition (amendment) act, 2009, stand transferred to the appellate tribunal and shall be adjudicated by the appellate tribunal in accordance with the provisions of the repealed ..... x) of sub-section (1) of section 36a of the monopolies and restrictive trade practices act, 1969(54 of 1969) and pending before the monopolies and restrictive trade practices commission shall, on the commencement of the competition (amendment) act, 2009, stand transferred to the appellate tribunal and the appellate tribunal shall dispose of such .....
Tag this Judgment!Court : Delhi
..... , 2007 conferred a power on the cci to review its order. it was his contention that the application filed by the appellants for recall was ..... right the supreme court in competition commission of india vs. steel authority of india ltd. (2010) 10 scc744has held does not exist.7. the counsel for the respondent no.1 cci, on that date, while opposing the said contention had drawn our attention to section 37 of the competition act which section prior to its repeal by the competition (amendment) act, 2007 with effect from 12th october .....
Tag this Judgment!Court : US Supreme Court
..... burden has not been satisfied here. pp. 394 u. s. 138 -139. 3. the decree deals only with private restraints on business competition, and does not regulate news gathering or dissemination in derogation of first amendment rights. associated press v. united states, 326 u. s. 1 . pp. 394 u. s. 139 -140. 280 f.supp. ..... court found that the joint operating agreement, in purpose and effect, monopolized the only newspaper business in tucson in violation of 2 of the sherman act. as respects the clayton act charge, the district court found that, in pima county, the appropriate geographic market, the citizen's acquisition of the star stock had the effect ..... the year when the international shoe case was decided, that companies reorganized through receivership, or through chapter x or chapter xi of the bankruptcy act often emerged as strong competitive companies. the prospects of reorganization of the citizen in 1940 would have had to be dim or nonexistent to make the failing company doctrine applicable .....
Tag this Judgment!Court : US Supreme Court
..... such discrimination are in commerce . . . where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce. . . ." clayton act, act of oct. 15, 1914, c. 323, 38 stat. 730, as amended: section 3 (15 u.s.c. 14): "it shall be unlawful for any person engaged in ..... commerce, where in any line of commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly. . . ." [ footnote 10 ] 52 stat. 1060, as amended, 29 u.s.c. 201 et seq. [ footnote 11 ] e.g., heart of atlanta motel v. united states, 379 ..... amended by the robinson-patman act (hereafter 2(a)), and 3 and 7 of the clayton act, brought suit against petitioner liquid asphalt producers and two of their subsidiaries, to which such asphalt is sold and which use it to manufacture and sell asphaltic concrete in competition with respondents. section 2(a) forbids "any person engaged in commerce .....
Tag this Judgment!Court : US Supreme Court
..... question before us is whether 2 permits california to countermand the congressional policy -- adopted under the commerce power -- in favor of competition. a in determining state powers under the twenty-first amendment, the court has focused primarily on the language of the page 445 u. s. 107 provision, rather than the history behind ..... in a competitive economy. the unsubstantiated state concerns put forward in this case simply are not of the same stature as the goals of the sherman act. we conclude that the california court of appeal correctly decided that the twenty-first amendment provides no shelter for the violation of the sherman act caused by ..... amendment, which prohibits the transportation or importation of intoxicating liquors into any state for delivery or use therein in violation of the state's laws. held: 1. california's wine pricing system constitutes resale price maintenance in violation of the sherman act, since the wine producer holds the power to prevent price competition .....
Tag this Judgment!Court : US Supreme Court
..... the majority claims that permitting nonpreference eligibles to pursue this remedy would give such employees an advantage over preference eligibles and competitive service employees. quite the contrary. to proceed under the tucker act, a nonpreference eligible excepted service employee must be prepared to develop the facts relevant to his or her claim at a ..... courts, not by limiting the number of courts of appeals that had jurisdiction to review appeals from the mspb. [ footnote 2/14 ] in 1982, congress amended 205 to limit review of mspb decisions to the united states court of appeals for the federal circuit. 5 u.s.c. 7703(b)(1). any goal ..... 906, 92 stat. 1216 and 1224. [ footnote 2/8 ] congress' failure to so amend the back pay act is especially notable since the back pay act was amended by the csra in other respects. the csra amendment to the back pay act ensures that unfair labor practice and grievance proceedings are considered administrative proceedings, specifies the particular items .....
Tag this Judgment!Court : Central Electricity Regulatory Commission CERC
..... . the applicant has further submitted that in line with the revised standard bidding documents issued on 31.1.2007 and 21.9.2007, the rfp documents were revised vide amendments dated 9.2.2007 and 4.10.2007.9. the evaluation of the rfp bids was undertaken by an apex evaluation committee, which was assisted by ..... dated 20.12.2007 has certified that " the above bid process has been undertaken in accordance with the guidelines issued by ministry of power, government of india for the determination of tariff by bidding process for procurement of power by distribution licensees under electricity act, 2003 (competitive bidding guidelines) as amended and the standard bid ..... to mention here that in contrast to the elaborate role of the commission in tariff determination under section 62 of the act, its role in case of tariff discovery through the competitive bidding process undertaken under section 63 is essentially confined to adoption of tariff, on being satisfied that transparent process of bidding .....
Tag this Judgment!Court : US Supreme Court
..... milk dealer. it purchases all of its milk from west lynn and distributes it to retail outlets in massachusetts. since 1937, the agricultural marketing agreement act, 50 stat. 246, as amended, 7 u. s. c. 601 et seq., has authorized the secretary of agriculture to regulate the minimum prices *briefs of amici curiae urging ..... comm'n, 432 u. s. 333 , 351 (1977) (invalidating statute, because it "has the effect of stripping away from the washington apple industry the competitive and economic advantages it has earned"). under these cases, massachusetts' pricing order is clearly unconstitutional. its avowed purpose and its undisputed effect are to enable higher cost ..... particular geographic areas.1 while the federal government sets minimum prices based on local conditions, those prices have not been so high as to prevent substantial competition among producers in different states. in the 1980's and early 1990's, massachusetts dairy farmers began to lose market share to lower cost producers in .....
Tag this Judgment!Court : US Supreme Court
..... exempted. the federal court had ruled that shares of national banks in alabama could not be subjected to taxation under 6, act of 1923, since the tax was not laid in conformity with 5219, u.s.rev.stats., as amended by the acts of march 4, 1923, c. 267, 42 stat. 1499, and march 25, 1926, c. 88, 44 stat. 223, which ..... the laws? because of existence within the state of untaxed moneyed capital and shares of corporations in actual competition with national banks, the shares of the latter during the years in question were not subject to ad valorem taxation under 6, revenue act of alabama of 1923, or otherwise. and the state supreme court so held. we cannot say that ..... only permits taxation of shares of national banking associations at a rate no page 288 u. s. 185 greater than the one required of other moneyed capital in the hands of individual citizens coming into competition with the .....
Tag this Judgment!Court : US Supreme Court
..... . in bunte bros., the court was required to determine the scope of 5 of the federal trade commission act, 38 stat. 719, as amended, 15 u.s.c. 45, which authorized the commission to proceed only against "unfair methods of competition in commerce." the court squarely held that the commission's 5 jurisdiction was limited to unfair methods of ..... 's twice-enacted "in commerce" requirement. page 422 u. s. 283 in sum, neither the legislative history nor the remedial purpose of 7 of the clayton act, as amended and reenacted in 1950, supports an expansion of the scope of 7 beyond that defined by its express language. accordingly, we hold that the phrase "engaged in commerce ..... pp. 29-31 (1974). [ footnote 7 ] the federal trade commission has held that such acquisitions may be challenged under 5 of the federal trade commission act, which forbids unfair methods of competition on the part of persons and partnerships, as well as corporations. beatrice foods co., 67 f.t.c. 473, 724-727. it is, of course, .....
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