Section 3
Prohibition On Anti-competitive Agreements
(1) No person or enterprise that produces or distributes any goods or services shall, with an intention to limit or control competition, enter into, or cause to be entered into individually or collectively , any agreement with any other person or enterprise that produces the identical or similar goods
or services.
(a) directly or indirectly determines purchase or sale prices of any goods or services or specifies the terms of purchase and sale of such goods or services;
(b) limits or controls production, distribution or markets of any goods or services or limits or controls investment to be made for the technical
development or advancement thereof;
(c) limits or controls the over all quantity of the production or distribution of any goods or services or reduce the retail consumption quantity of
such goods or quality thereof;
(d) restrains the sale and distribution of such goods or services in any particular place or restricts or causes to restrict the sale and distribution
thereof to any particular place only;
(e) restrains the purchase, sale or distribution of the goods or services of any other person or enterprise producing or distribution identical or
similar goods or services or prevents that entry of such goods or services in the market in such a manner so as to promote the market of
only the goods or services produced or distributed by any particular person or enterprise;
(f) allocates the market, mutually, between the persons or enterprises that produce or distribute any goods or services;
(g) provides for the production of distribution of any goods or services on a rotational basis or determines quota for the production or distribution of
such goods or services;
(h) specifies different prices any goods or services for the purchase, sale or distribution of such goods or services or specifies different terms and
conditions of the purchase, sale or distribution thereof without any reasonable cause;
(i) provides for the submission of tenders or quotations through mutual agreement or submission of tenders or quotations offering the same
price or other details, in response to an invitation to tenders or quotation made publicly;
(j) applies a syndicate system in the transportation or distribution of goods or services;
(k) provides for doing or causing to be done any other acts as prescribed.
(2) ♣ With prejudice to the generality of Sub-section (1), no two or more than two persons or enterprises that produce or distribute any goods or
produce, distribute or operate any services shall, in association with any body or by way of adopting any other measure, enter into any type of agreement which
restrains another person or enterprise from producing, distributing or operating such goods or services in the area where those persons or enterprises are
producing, distributing or operating such goods or services or requires that such other person or enterprise should be associated with such persons or enterprises
or involved in such measure or should comply with any terms and conditions ♣ Amended by The Act Amending Some Nepal Acts, 2064
specified by such agreement or measure in order to produce, distribute or operate such goods or services.
(3) Any agreement entered into in contravention of Sub-section (1) shall, ipso facto, be void.
or services.
(a) directly or indirectly determines purchase or sale prices of any goods or services or specifies the terms of purchase and sale of such goods or services;
(b) limits or controls production, distribution or markets of any goods or services or limits or controls investment to be made for the technical
development or advancement thereof;
(c) limits or controls the over all quantity of the production or distribution of any goods or services or reduce the retail consumption quantity of
such goods or quality thereof;
(d) restrains the sale and distribution of such goods or services in any particular place or restricts or causes to restrict the sale and distribution
thereof to any particular place only;
(e) restrains the purchase, sale or distribution of the goods or services of any other person or enterprise producing or distribution identical or
similar goods or services or prevents that entry of such goods or services in the market in such a manner so as to promote the market of
only the goods or services produced or distributed by any particular person or enterprise;
(f) allocates the market, mutually, between the persons or enterprises that produce or distribute any goods or services;
(g) provides for the production of distribution of any goods or services on a rotational basis or determines quota for the production or distribution of
such goods or services;
(h) specifies different prices any goods or services for the purchase, sale or distribution of such goods or services or specifies different terms and
conditions of the purchase, sale or distribution thereof without any reasonable cause;
(i) provides for the submission of tenders or quotations through mutual agreement or submission of tenders or quotations offering the same
price or other details, in response to an invitation to tenders or quotation made publicly;
(j) applies a syndicate system in the transportation or distribution of goods or services;
(k) provides for doing or causing to be done any other acts as prescribed.
(2) ♣ With prejudice to the generality of Sub-section (1), no two or more than two persons or enterprises that produce or distribute any goods or
produce, distribute or operate any services shall, in association with any body or by way of adopting any other measure, enter into any type of agreement which
restrains another person or enterprise from producing, distributing or operating such goods or services in the area where those persons or enterprises are
producing, distributing or operating such goods or services or requires that such other person or enterprise should be associated with such persons or enterprises
or involved in such measure or should comply with any terms and conditions ♣ Amended by The Act Amending Some Nepal Acts, 2064
specified by such agreement or measure in order to produce, distribute or operate such goods or services.
(3) Any agreement entered into in contravention of Sub-section (1) shall, ipso facto, be void.