MTP , RTP and UTP - Assignment

1. Compare and contrast the definitions of Monopolistic Trade Practice (MTP), Restrictive Trade Practice (RTP) and Unfair Trade Practice (UTP) in Monopolies and Restrictive Trade Practices Act (MRTP), 1969,
Consumer Protection Act (CPA), 1986 * Competition Act (CA), 2002 and Consumer Protection Act (CPA), 2019

Monopolies and Restrictive Consumer Protection Act (CPA), Consumer Protection Act (CPA), Competition Act (CA), 2002 Remarks
Trade Practices Act (MRTP), 1986 2019
1969

Monopolistic trade practice means the practice of preventing

1. Section 2(i) Not -defined Not -defined Not -defined competition in the production, supply or distribution of any goods or
Monopolistic disrupting the supply chain and even extending to maintenance of any
Trade Practice services by adoption of unfair methods or unfair or deceptive
(MTP) practices. It creates certain restrictions in a monopolistic undertaking.

The provisions of CPA and MRTP has contrasting definitions while

2. Restrictive Section 2(o) Section 2(nnn) Section 2(41) Not –defined both the CPA acts have things similar.The MRTP uses the term
Trade Practice “restricting competition” as a pre-requisite. Thus, every trade practice
(RTP) which is in restraint of trade is not necessarily a restrictive trade
practice. If a trade practice merely regulates and thereby promotes
competition, it would not fall within the definition of restrictive trade
practice, even though it may be, to some extent, in restraint of trade.

3. Unfair Section 36A Section 2(r) Section 2(47) Not –defined The definition of UTP was the latest addition among the three
Trade definitions by an amendment in 1984 through sections 36A to 36E,
that RTPs would only partially resolve consumer grievances by
Practice
eliminating the effects of such practices. Unfair trade practices were
(UTP) those that were found to be prejudicial to the public interest or to the
interest of any consumer or consumers generally.