law: Trade Monopolies and Restrictive Trade Practices Act, 1969 
  38. Presumption as to the Public Interest
  (1) For the purposes of any
  
  proceedings before the Commission under section 37, a restrictive trade
  
  practice shall be deemed to be prejudicial to the public interest
  
  unless the Commission is satisfied of any one or more of the following
  
  circumstances, that is to say -
  (a) that the
  
  restriction is reasonably necessary, having regard to the character of the
  
  goods to which it applies, to protect the public against injury (whether to
  
  persons or to premises) in connection with the consumption, installation or use
  
  of those goods;
  (b) that the removal of
  
  the restriction would deny to the public as purchasers, consumers or users of
  
  any goods, other specific and substantial benefits or advantages enjoyed or
  
  likely to be enjoyed by them as such, whether by virtue of the restriction
  
  itself or of any arrangements or operations resulting therefrom;
  
  
  (c) that the restriction is reasonably necessary to counteract measures taken
  
  by any one person not party to the agreement with a view to preventing or
  
  restricting competition in or in relation to the trade or business in which the
  
  persons party thereto are engaged,
  (d) that the
  
  restriction is reasonably necessary to enable the persons party to the
  
  agreement to negotiate fair terms for the supply of goods to, or the
  
  acquisition of goods from, any one person party thereto who controls a
  
  preponderant part of the trade or business of acquiring or supplying such
  
  goods, or for the supply of goods to any person not party to the agreement and
  
  not carrying on such a trade or business who, either alone or in combination
  
  with any other such persons, controls a preponderant part of the market for
  
  such goods;
  (e) that, having regard
  
  to the conditions actually obtaining or reasonably foreseen at the time of the
  
  application, the removal of the restriction would be likely to have a serious
  
  and persistent adverse effect on the general level of unemployment in an area,
  
  or in areas taken together, in which a substantial proportion of the trade, or
  
  industry to which the agreement relates is situated;
  (f) that, having regard
  
  to the conditions actually obtaining or reasonably foreseen at the time of the
  
  application, the removal of the restriction would be likely to cause a
  
  reduction in the volume or earnings of the export business which is substantial
  
  either in relation to the whole export business of India or in relation to the
  
  whole business (including export business) of the said trade or industry;
  (g) that the
  
  restriction is reasonably required for purposes in connection with the
  
  maintenance of any other restriction accepted by the parties, whether under the
  
  same agreement or under any other agreement between them, being a restriction
  
  which is found by the Commission not to be contrary to the public interest upon
  
  grounds other than those specified in this paragraph, or has been so found in
  
  previous proceedings before the Commission;
  
  
  (h) that the restriction does not directly or indirectly restrict or discourage
  
  competition to any material degree in any relevant trade or industry and is not
  
  likely to do so;
  (i) that such
  
  restriction has been expressly authorised and approved by the Central
  
  Government;
  (j) that such
  
  restriction is necessary to meet the requirements of the defence of India or any part thereof,
  
  or for the security of the State; or
  (k) that the
  
  restriction in necessary to ensure the maintenance of supply of goods and
  
  services essential to the community. and is further satisfied (in any such
  
  case) that the restriction is not unreasonable having regard to the balance
  
  between those circumstances and any detriment to the public or to persons not
  
  parties to the agreement (being purchasers, consumers or users of goods
  
  produced or sold by such parties, or persons engaged or seeking to become
  
  engaged in the trade or business of selling such goods or of producing or
  
  selling similar goods) resulting or likely to result from the operation of the
  
  restriction.
  (2) In this section,
  
  "purchasers", "consumers" and "users" include
  
  person purchasing, consuming or using for the purpose or in the course of trade
  
  or business or for public purposes; and references in this section to any one
  
  person include references to any two or more persons being inter-connected
  
  undertakings or individuals carrying on business in partnership with each
  
  other.