Activities for Sc1 and Sc4 Skills Development

Activities for Sc1 and Sc4 Skills Development Primary Science Task Introduction It is important that assessment in primary science is linked to learning outcomes if it is to be successful (Hudson, 2005). It is therefore important that all primary teachers in science understand the learning outcomes which are appropriate to their year, and that learning activities and assessments are based on that. Most children in year 4 at school would be expected to be working between levels 2 and 5, although most children would only be expected to reach level 4 by the age of 11 (DirectGov, 2008). Here a set of activities based around circuits are discussed in terms of how they allow for development in Sc1 Scientific Enquiry and Sc4 Physical Processes skills. Assessment of Sc1 and Sc4 Skills In order to ensure appropriate development through both Sc1 and Sc4, it would be considered preferential to change the order of the learning activities. The first activity which would be approached would be that of the safety session. This would be approached first due to the importance of approaching safety considerations before approaching any practical activities utilising electricity. This activity is not only considered crucial to safety, but presents a good introduction to circuits, as the learning objectives would be considered to be at level 2 (L2) of Sc4. For example discussion of the differences between mains and battery electricity corresponds to pupils being able to compare the way in which devices work in different electrical circuits (QCA, n.d.). The learning outcomes of this activity, being able to record the characteristics of the devices using mains electricity, would also be at L2 of Sc1, which states that pupils should be able to describe observations using simple scientific vocabulary. The second activity approached would be that of looking at drawings of circuits. This is an important step before practical work with circuits as it may address some of the gaps in knowledge of circuits which may be present in children of this age (Glauret, 2008). The learning objectives and the activity itself allow for development from L2 of Sc 4 to L3. For example while knowing that a circuit needs a power source means that pupils are able to compare the way in which devices work in different electrical circuits (L2), it could also be developed so that pupils are able to discuss cause and effect (L3). The same could be said of the knowledge that a complete circuit is needed for a device to work. The actual activity itself, in which children look at drawings of circuits and decide and explain which will work and which will not could be performed at L2 of Sc1, where pupils are able to observe and compare objects and events, and say what is expected. It could however allow for develo pment to L3, where pupils are able to use their knowledge and understanding of physical phenomena to link cause and effect in simple explanations. By asking children to design a circuit which will work, record it, and annotate it, this is however only tackling L1 of Sc1 in terms of notation, where pupils are able to communicate their findings in simple ways (QCA, n.d.). Although not specifically addressed in this learning activity, it may also be useful to include some discussion in pairs or small groups. This is due to evidence that vocalisation of scientific concepts may help with development of scientific vocabulary (Mercer et al., 2004). This may then assist in developing from being able to communicate findings in simple ways (Sc1 L1) to using simple scientific vocabulary (Sc1 L2) and beyond. Using the third activity, in which pupils test their ideas about what make good conductors would allow for further development of Sc1 and Sc4. For example the learning objective about how to find out which materials allow electricity to pass through them could be approached from L1 if suggestions are actively offered to the pupils (Sc1 L1), or could be developed through the L4 if pupils are given freedom to design their own approach with lower levels of guidance. The learning objective relating to the development of the knowledge that some materials are better conductors of electricity than others relates to both L3 and 4 of Sc4. This involves development from being able to use knowledge to link cause and effect to being able to use knowledge to create generalisations. This development is also addressed by the objective that pupils are able to use results to draw conclusions about which materials conduct electricity. This objective also addresses development of L3 to L4 in Sc1 in tha t pupils develop from being able to provide explanations for their observations (L3) to pupils being able to relate their conclusions to patterns in their data and scientific knowledge. The specific learning outcomes of this activity would be that pupils would be able to use equipment to make observations, by being able to construct a circuit to test which materials let electricity pass through (Sc1 L2) and that they would be able to provide explanations for their observations by explaining that with some materials the bulb did not light because the circuit was not complete (Sc1 L3). This may even be developed through to Sc1 L4, where pupils begin to relate their conclusions to patterns in their data and scientific knowledge, if pupils are able to relate their findings to other sources of information. Rather than approach it as a separate activity, it would be better to incorporate the activity of making simple switches here, as it too relates to conductors and complete circuits. As such, it does not particularly offer further development of any of the learning targets, so does not warrant investigation as a separate session. As a development of the third activity, it then makes logical sense to proceed to discuss the uses of metals and plastics as conductors and insulators. This would lead to the development of Sc1 L4 if pupils were not previously able to relate their own work to outside information. This also includes exploring secondary sources, which can also be developed from L2 of Sc1 to L4, depending on the sophistication of sources used and what is done with the information. For example using the information to explain why metals are used for some purposes and plastics for others indicates being able to link cause and effect in simple explanations (Sc4 L3), although if pupils are also able to make generalisations about physical phenomena and use physical ideas to explain, then this may indicate development to L4. The final activity in the paper would be included last, as this is generally a culmination of the information gathered to this point, and offers development of Sc1 and Sc4 to L4. For example making predictions about what will happen indicates that pupils are able to make generalisations and use physical ideas to explain simple phenomena (Sc4 L4). Deciding how to change the brightness of bulbs and speed of a motor in a circuit also shows that pupils are able to decide on an appropriate approach towards answering a question and also able to vary one factor while keeping the others the same (Sc1 L4). Designing their own experiment also indicates that pupils are able to describe physical phenomena, for example how a particular device may be connected to work in a circuit (Sc4 L4). This type of self-directed activity may also be essential for some young children in developing scientific confidence (Glauert, 2005). Finally, a self-directed activity at the end of the series of sessions also allows for a better assessment of progress through the levels, as it allows for complete flexibility as to how much assistance is given in the task, thereby allowing for a better assessment of competency. Conclusions By utilising the appropriate activities from those given, it is possible to allow for development of both Sc1 and Sc4 right through from level 2 to level 4, which is appropriate for this age group. There is also some degree of flexibility in the levels which the selected activities could be approached from to allow for individual achievement levels within the class. The sessions lend themselves to culmination in a self-directed session, which allows for more accurate assessment of levels within Sc1 and Sc4. References DirectGov (2008) National curriculum teacher assessments and key stage tests. DirectGov. Available [online] from: http://www.direct.gov.uk/en/Parents/Schoolslearninganddevelopment/ExamsTestsAndTheCurriculum/DG_10013041 [Accessed 22/08/2008]. Glauert, E.B. (2005) Making sense of science in the reception class. International Journal of Early Years Education, 13(3), 215-233. Glauert, E.B. (2008) How young children understand electric circuits: Prediction, explanation and exploration. International Journal of Science Education, DOI: 10.1080/09500690802101950. Hudson, P.B. (2005) Analysing preservice teachers’ rubrics for assessing students’ learning in primary science education. Proceedings Australian Curriculum Studies Association. Available [online] from: http://eprints.qut.edu.au/archive/00002102/ [Accessed 22/08/2008]. Mercer, N., Dawes, L., Wegerif, R. Sams, C. (2004) Reasoning as a scientist: Ways of helping children to use language to learn science. British Educational Research Journal, 30(3), 359-377. QCA (No date) Attainment targets for science. Qualifications and Curriculum Authority. Available [online] from: http://curriculum.qca.org.uk/key-stages-1-and-2/subjects/science/attainmenttargets/index.aspx?return=/key-stages-1-and-2/subjects/science/keystage2/index.aspx%3Freturn%3D/key-stages-1-and-2/subjects/index.aspx [Accessed 22/08/2008].

Capital Punishment: A Global Perspective Essay

               Capital punishment is also called the death penalty. It refers to the legal process where a criminal is put to death by the state, to act as a punishment for a crime that they have committed. The judgment of the jury that a person should get punished in this manner is known as a death sentence while the enforcement is an execution. Crimes that can lead to capital punishment are referred to as capital crimes or capital offenses and include murder, rape, and treason. Reasons for capital punishment Some of the reasons that support capital punishment include;                      Guilty people should get punished in proportion and magnitude to the severity of the crime they have committed. Real justice in essence requires people to suffer for their wrong doing, in an appropriate manner for their crime. Each criminal obtains what their crime deserves, and a murderer or a rapist deserves death.                         Prisoner parole or escapes can give criminals another chance to kill. Could be that the biggest reason to keep the death penalty is to prevent a crime from repeating itself. As much as a criminal is sentenced to life imprisonment, he or she still has a chance to kill while in prison. He is capable of killing his or her fellow inmates, or even the prison wardens. Worse still, a criminal can escape from prison and go on a murder or crime spree. Capital punishment prevents this process of re-offending. Those executed cannot commit more crimes. Execution removes the danger posed to the public by the criminal.                     Capital punishment promotes deterrence. By execution of criminals, it is possible to deter capable murderers from killing people. Crime would become more common if there were no means of deterring people from committing it.                  In case the death penalty is eliminated, it can contribute to the problem of overpopulation in the prison system. This means that the number of prisoners being housed for life will increase. This only adds to the problem of an overcrowded prison system and the facilities in that particular prison could be greatly overstretched. Reasons against capital punishment                     Mentally ill patients may be put to death. Most of the capital crimes are committed in an emotional state in which the perpetrator doesn’t think about possible outcomes. Some people are born with brain defects that cause them to act in unacceptable ways. It could be unconstitutional to put a mentally ill person to death. However, rules have a chance of being vague, and besides, one still needs to convince a jury that the defendant is of unsound mind.                  The court goes to great lengths before settling on a death sentence. During this period, there are endless appeals and required procedures which cause congestion on the court system. These appeals and hearings consume time of judges and other court employees, as well as use up courtrooms and facilities. This time could have been used to resolve other matters if the criminal were sentenced to life imprisonment.                   The society should move away from the revenge mentality. This is because a revenge philosophy leads to an endless circle of violence. Society should be made aware that attacking one’s enemy for revenge always worsens the situation. Besides, capital punishment is useless because it does not bring the victim back to life. Hate, revenge and anger cannot cure the emptiness of a lost loved one.                  Capital punishment does not rehabilitate the criminal or other potential criminals. Instead, it sends wrong signals to the society. It does not make sense for the state to punish someone who has committed murder through murder. Conclusion                        In conclusion, capital punishment should not be brought back because it violates the Bill of Rights. This is because it involves taking away the life of another person. The bill of rights states that everybody has a right to live. When somebody is executed, the right to life is greatly infringed. Besides, punishment of the death penalty is irrevocable. Once carried out it cannot be reversed. When somebody has been executed, it is impossible to bring them back to life. Capital punishment should thus be avoided at all costs.                     Any punishment must be fair, just, adequate and most of all enforceable. Society still views murder as the greatest crime, and should be met with the most severe punishment, which is capital punishment. Whole life imprisonment could fit punishment for murderers. This is because, in prison, the criminals are isolated from their families and are confined in the walls of a prison for the rest of their lives. However, according to many people, life imprisonment seems to be a soft opinion to punish capital criminals, and this perception needs to be corrected in order to do away with capital punishment.                   Imprisonment, whilst expensive and largely pointless, except as a means of removing criminals from society for a given period, is at least enforceable upon anyone who commits murder. Besides, the jury members will not suffer from a guilty conscience of ever passing a verdict for the death of a person. From the arguments on reasons against capital punishment, I should be done away with because it is an inhumane practice. References Hood, R. (n.d.). Capital Punishment: A Global Perspective. Punishment & Society, 331-354. Melusky, J., & Pesto, K. (2011). Capital punishment. Santa Barbara, Calif.: Greenwood. Source document

Cuban Revolution The Voyage of the Granma

In November 1956, 82 Cuban rebels piled onto the small yacht Granma and set sail for Cuba to touch off the Cuban Revolution. The yacht, designed for only 12 passengers and supposedly with a maximum capacity of 25, also had to carry fuel for a week as well as food and weapons for the soldiers. Miraculously, the Granma made it to Cuba on December 2 and the Cuban rebels (including Fidel and Raul Castro, Ernesto â€Å"Chà ©Ã¢â‚¬  Guevara and Camilo Cienfuegos) disembarked to start the revolution. Background In 1953, Fidel Castro had led an assault on the federal barracks at Moncada, near Santiago. The attack was a failure and Castro was sent to jail. The attackers were released in 1955 by Dictator Fulgencio Batista, however, who was bowing to international pressure to release political prisoners. Castro and many of the others went to Mexico to plan the next step of the revolution. In Mexico, Castro found many Cuban exiles who wanted to see the end of the Batista regime. They began to organize the â€Å"26th of July Movement† named after the date of the Moncada assault. Organization In Mexico, the rebels collected arms and received training. Fidel and Raà ºl Castro also met two men who would play key roles in the revolution: Argentine physician Ernesto â€Å"Chà ©Ã¢â‚¬  Guevara and Cuban exile Camilo Cienfuegos. The Mexican government, suspicious of the activities of the movement, detained some of them for a while, but eventually left them alone. The group had some money, provided by former Cuban president Carlos Prà ­o. When the group was ready, they contacted their comrades back in Cuba and told them to cause distractions on November 30, the day they would arrive. The Granma Castro still had the problem of how to get the men to Cuba. At first, he tried to purchase a used military transport but was unable to locate one. Desperate, he purchased the yacht Granma for $18,000 of Prà ­o’s money through a Mexican agent. The Granma, supposedly named after the grandmother of its first owner (an American), was run down, its two diesel engines in need of repair. The 13 meter (about 43 feet) yacht was designed for 12 passengers and could only fit about 20 comfortably. Castro docked the yacht in Tuxpan, on the Mexican coast. The Voyage At the end of November, Castro heard rumors that the Mexican police were planning to arrest the Cubans and possibly turn them over to Batista. Even though repairs to the Granma were not completed, he knew they had to go. On the night of November 25, the boat was loaded down with food, weapons, and fuel, and 82 Cuban rebels came on board. Another fifty or so remained behind, as there was no room for them. The boat departed silently, so as not to alert Mexican authorities. Once it was in international waters, the men on board began loudly singing the Cuban national anthem. Rough Waters The 1,200-mile sea voyage was utterly miserable. Food had to be rationed, and there was no room for anyone to rest. The engines were in poor repair and required constant attention. As the Granma passed Yucatan, it began taking on water, and the men had to bail until the bilge pumps were repaired: for a while, it looked as if the boat would surely sink. Seas were rough and many of the men were seasick. Guevara, a doctor, could tend to the men but he had no seasickness remedies. One man fell overboard at night and they spent an hour searching for him before he was rescued: this used up fuel they could not spare. Arrival in Cuba Castro had estimated the trip would take five days, and communicated to his people in Cuba that they would arrive on November 30th. The Granma was slowed by engine trouble and excess weight, however, and didn’t arrive until December 2nd. The rebels in Cuba did their part, attacking government and military installations on the 30th, but Castro and the others did not arrive. They reached Cuba on December 2nd, but it was during broad daylight and the Cuban Air Force was flying patrols looking for them. They also missed their intended landing spot by about 15 miles. The Rest of the Story All 82 rebels reached Cuba, and Castro decided to head for the mountains of the Sierra Maestra where he could regroup and contact sympathizers in Havana and elsewhere. In the afternoon of December 5th, they were located by a large army patrol and attacked by surprise. The rebels were immediately scattered, and over the next few days most of them were killed or captured: less than 20 made it to the Sierra Maestra with Castro. The handful of rebels who survived the Granma trip and ensuing massacre became Castro’s inner circle, men he could trust, and he built his movement around them. By the end of 1958, Castro was ready to make his move: the despised Batista was driven out and the revolutionaries marched into Havana in triumph. The Granma itself was retired with honor. After the triumph of the revolution, it was brought to Havana harbor. Later it was preserved and put on display. Today, the Granma is a sacred symbol of the Revolution. The province where it landed was divided, creating the new Granma Province. The official newspaper of the Cuban Communist Party is called Granma. The spot where it landed was made into the Landing of the Granma National Park, and it has been named a UNESCO World Heritage Site, although more for marine life than historical value. Every year, Cuban schoolchildren board a replica of the Granma and re-trace its voyage from the coast of Mexico to Cuba. Resources and Further Reading Castaà ±eda, Jorge C. Compaà ±ero: the Life and Death of Che Guevara. New York: Vintage Books, 1997.Coltman, Leycester. The Real Fidel Castro. New Haven and London: the Yale University Press, 2003.

Indian Competition Law - Free Essay Example

Sample details Pages: 9 Words: 2825 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Competition Essay Indian Culture Essay Did you like this example? persons causes any AAEC in India subject to conditions under section 3(3) (a) to (d), if it does so then only it will be covered under this section. 5.4 Enterprises:- The meaning of enterprises for the purpose of this Act has been defined under Section 2(h) of the Act as under:- =Enterpriseà ¢Ã¢â€š ¬Ã‹Å" means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions or subsidiaries, whether such unit or division or subsidiary is located at the same place where the enterprise is located or at a different place or at different places, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence, and space. Explanation.-For the purposes of this clause,à ¢Ã¢â€š ¬Ã¢â‚¬Å" (a) ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¢activityÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬- includes profession or occupation; (b) ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¢articleÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬- includes a new article and ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¢serviceÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬- includes a new service; (c) ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¢unitÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬- or ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¢divisionÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-, in relation to an enterprise, includesà ¢Ã¢â€š ¬Ã¢â‚¬Å" (i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service;ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-65 The substance of the definition of enterprise is that it can either be a person (section 2(l)) or a department of government subject to the conditions specified in the definition c arrying on an economic activity in the supply of goods or services. The definition makes it clear that all person66 or department of the government, any other entity cannot for the purpose of the Act, be treated as an enterprise unless it is engaged in commercial activities. Don’t waste time! Our writers will create an original "Indian Competition Law" essay for you Create order 65 Section 2 (h) 66 Section 2(l) 35 5.5 Trade Associations:- Trade associations have not been specifically dealt under the Act but they come under the purview of section 3 for they are merely association of enterprises engaged in similar kind of trade. Trade association can be defined as an association of business organizations having similar concerns and engaged in similar fields, formed for mutual protection, the interchange of ideas and statistics, and the establishment and maintenance of industry standards.67 Trade associations in India, as a socially responsible body and in enlightened self interest, can proactively promote compliance on the part of enterprises as well as themselves. They make a positive contribution to the economy, particularly to the specific industry they represent. They can legitimately lobby the authorities to resolve problems facing the industry, or create awareness about new laws or taxes or environmental issues, or ready the industry to meet new challenges. But the very fact that an association brings together competitors presents the risk that they will enter into an agreement that might violate the competition law. Any such agreement held under the auspices or cover of a trade association, can spell trouble for not only the conspiring firms but also for the association and its office bearers. 5.6 Person:- The term à ¢Ã¢â€š ¬Ã…“personà ¢Ã¢â€š ¬Ã‚  has been defined very widely under section 2(l) 68 it would cover every conceivable entity. It would include an individual, a Hindu undivided family, a company, a firm, an association of persons, whether incorporated or not, in India or outside India, a registered co- operative society, a local authority and every artificial juridical person, not falling under any above said category. 67 Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary, 8th edition p. 133 68 Section 2 (l) à ¢Ã¢â€š ¬Ã…“personà ¢Ã¢â€š ¬Ã‚  includesà ¢Ã¢â€š ¬Ã¢â‚¬Å" (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (vi) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); (vii) any body corporate incorporated by or under the laws of a country outside India; (viii) a co-operative society registered under any law relating to cooperative societies; (ix) a local authority; (x) every artificial juridical person, not falling within any of the preceding sub-clauses; 36 However it is to be noted that persons and entities defined above will fall under the ambit of section 3 only if their activities results in any of the effect mentioned under section 3(3) and 3(4). 5.7 Practice:- The term practice have been defined under section 2(m) of the Act as à ¢Ã¢â€š ¬Ã…“practiceà ¢Ã¢â€š ¬Ã‚  includes any practice relating to the carrying on of any trade69 by a person or an enterprise. It is an inclusive definition. There have been practical difficulties to establish the existence of an anti-competitive agreement between the firms. The fact is that firms engaging anti-competitive behaviour have developed sophisticated mechanics of hiding their behaviour so that they escape the liability under the competition laws. Hence the competition laws of most of the countries have introduced a safety net in the form of prohibition on concerted practices However, in the Act particularly the word concerted practices had not been used it says à ¢Ã¢â€š ¬Ã…“practice carried onà ¢Ã¢â€š ¬Ã‚ , or decision taken by, any association of enterprises or association of personsÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬- which indicates meeting of minds of enterprises resulting into practice carried in by associations of enterprises. According to Lord Denning ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¢people who combine together to keep up prices do not shout it from the housetops. They keep it quite. They make their own arrangements in the cellar where no one can see. They will not put anything in writing or even into word. A nod or will do. Parliament as well is aware of this. So it included not only an agreementà ¢Ã¢â€š ¬Ã‹Å" properly so called, but any arrangementà ¢Ã¢â€š ¬Ã‹Å", however informal.ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬- 70 A leading case discussing concerted practices in EU is Imperial Chemical industries v. Commission71 , in which the ECJ defined concertation under Article 81(1) (now Article 101) as ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¢A form of coordination between undertaking which, without having reached the stage where an agreement properly so called has been concluded, knowingly substitutes practical cooperation between them for the risk of competition.ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬- 69(x) à ¢Ã¢â€š ¬Ã…“tradeà ¢Ã¢â€š ¬Ã¢â€ž ¢ means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services 70 RRTA v W.H. Smith n Sons Ltd. (1969) 3 All ER 1065 71 1972 E.C.R. 619at page 64, 65. 37 The ECJ further added that by its very nature a concerted practice have all the elements of contract but may inter alia arise out of coordination which becomes apparent from the behaviour of the participants.72 Conceptually concerted practices are not easy to define with precision and its application depends on facts and circumstances of a given case. A concerted practice is a form of coordination between the parties where they have not reached the stage of actual agreement. But knowingly coordinate their actions and cooperate with one another instead of competing with each other. Criteria of cooperation and coordination in no way requires the working of an actual plan and it must be understood in the light of concept inherent in EC treaty relating to competition that each economic operator must determine independently the policy which he intends to adopt on common market including the choice of person and undertaking to which he makes offers or sells. The test for concert ed practice is that the parties have substituted for the risk of competition practical co-operation between the parties between the parties, which culminated in a situation, which does not correspond with the normal conditions of the market. In order to constitute a concerted practice, a action by a group of competitors need not reach the level of agreement, but must be knowingly coordinated with the further knowledge that the effect of coordination will be to substitute effectively cooperative for competitive conditions. In addition to constitute violation of Section 3 coordinated conduct must have an AAEC as per the conditions laid down in Section 3(3) (a) to (d) For the purpose of present study Section 3 can broadly be divided into four parts namely: General prohibition [section 3(1)and section 3 (2)] Horizontal agreements[section 3(3)] Vertical agreements[section 3(4)] Exceptions[section 3(5) and (3) ] 38 General Prohibition:- Section 3(1) is a general prohibition of an agreement relating to the production, supply, distribution, storage, acquisition or control of goods or provision of services by enterprises, which causes or is likely to cause an AAEC within India. Section 3(1) is that such agreement must cause an AAEC within India. So the key elements for application of section 3(1) are agreement between enterprises and its AAEC within India. It is to be noticed that section 3(1) prohibits agreements which causes appreciable adverse effect in India only. On reading the section3 (1) it becomes clear that Act does not provide that agreements between enterprises and persons are prohibited it clearly states that No enterprise or association of enterprises or person or association of persons shall enter into any agreement which causes or is likely to cause an AAEC within India. It is also clear from the provision if an agreement does not have any adverse effect on competition within India then it will remain out of the preview of this provision, but if someone alleges that agreement is likely to cause an appreciable adverse effect, then there will arise an action under this Section. The provision of section 3(1) cast a duty upon enterprises to examine the proposals for agreement from its long term effect on competition in the market. Section 3(2) declares all the agreements void entered into contravention of the provisions contained in section (1). 39 Horizontal Agreements Agreements prohibited under section 3(3) are described as horizontal agreements for they apply to similar or identical trade of goods or provision of services. A careful reading of section 3(3) prompts that it restricts three things namely agreement, practice and decision including cartels who are identical or similar trade of goods or provision of services. The Act under this sub-section presumes following activities as to have appreciable adverse effect on competition. Agreement between :- Enterprises Associations of enterprises Persons Associations of persons Person and enterprise Practice carried by:- Association of enterprises Association of persons Decision taken by:- Association of enterprises Association of persons Cartels Who are engaged in identical or similar trade of goods or provision of services including cartels only if any of their activity:- Determines either directly or indirectly purchase or sale prices. Limits or controls production, supply, markets, technical development, investment or provision of services. Shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services, or number of customers in the market or any other similar way; Directly or indirectly results in bid rigging or collusive bidding73 73 Section 3(3)(a)to (d) 40 It is to be noted that under section 3(3) agreements, decisions and practices between similar trade of goods or provision of services is a condition precedent for prohibition. For the violation of Section 3(3) (b), it must be established that there exists an agreement, practice carried on or, decision taken by entities mentioned therein, including cartels, engaged in identical or similar trade of goods or provisions of services, which result in effects mentioned in clauses (a) to (d) of sub- section (3) of Section 3 of the Act. These include acts that limit or control production, supply, markets, technical development, investment or provision of services.74 7.1. Types of horizontal agreement prohibited under Section 3(3):- Section 3(3) of the Act expressly mentions four types of horizontal agreements that are presumed to have an AAEC as mentioned above. Now we will discuss those agreements in detail. 7.1.1 Agreements that directly or indirectly determine purchase or sal e prices:- Price fixing agreements, as the name suggests are agreements to fix, directly or indirectly purchase or sale prices. The term price fixing is applied to a wide range of actions taken by competitors having a direct effect on price and includes a number of agreements such as agreements on price, agreements on credit terms, agreements to adhere to published prices etc75 . In Southern Motors Rate Carriers Conference Inc. et. al. V. United States76, it was observed that the term price fixing generally refers to a process by which competitors agree upon prices that will prevail in the market for the goods or services they offer. The Competition Act, however refers to agreements to determine both purchase and sale prices. For instance, if a group of manufacturers of product ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Aà ¢Ã¢â€š ¬Ã‹Å" enter into an agreement not to sell product ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Aà ¢Ã¢â€š ¬Ã‹Å" below a fixed price. Price fixing agreements between competitors negat ively impact competition as they prevent prices from being fixed by the competitive forces in the market. Consumers may thus, be forced to pay higher prices for good than they would pay in competitive market. The aim and result of every price fixing agreements, if effective, is the elimination of one form of competition. The power to fix prices, whether reasonably exercised or not, involves the power to control the market and to fix 74Shri Govind Agarwal Vs. ICICI Bank Ltd., Shri Norbert Lobo Vs. Citibank, Shri Gulshan Kumar Gupta Vs. BHW Home Finance Ltd.(para 61) Decided On: 07.06.2011 by CCI. (MRTP Cases) 75World Bank/OECD (1998): A framework for the design and implementation of Competition Law and Policy, World , OECD, 1998 76 471 US 48 (1985) 41 arbitrary and unreasonable prices.77 The reasonable price fixed today, may through economic and business changes become the unreasonable price of tomorrow. Once established, it may be maintained unchanged because of the absence of competition secured by agreement for a price reasonable when fixed. Agreements which create such potential power may well be held to be in themselves unreasonable or unlawful restraints, without the necessity of minute inquiry whether a particular price is reasonable or unreasonable as fixed without placing on the government, in enforcing the law, the burden of ascertaining from day to day whether it has become unreasonable through the mere violation of economic conditions.ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬- 7.1.2 Limits or controls production, supply, markets, technical development, investment or provision of services:- Agreements that limit or control production, supply, markets, technical development investment or provision of services are also considered t o be anticompetitive. An example of such an agreement is one where there is a clause that the distributor must ensure the selling of 100 cylinders a month78 . An agreement limiting production may lead to a rise in prices of the concerned product. Similarly, limiting technical development that may help in lowering the costs of a product ,ay affect the interests of consumers. Livingstone notes that limiting production maintains high prices by ensuring that there is no surplus and therefore, demand remains steady; limitation of sales has a similar effect as well as discouraging competition for new entrants79 . Agreement for limiting or controlling production are anticompetitive for two reasons; one that by controlling production. The supply is kept low as compared to the demand creating artificial scarcity; second the agreement, in effect restricts competition between the parties themselves so that the efficient ones among them also cannot go ahead with further production and dis lodge the less efficient from the market. 77 See Arizona v. Maricopa County Medical Society 457 US 332(1982); Unites States v. Trenton Potteries 273 US 392(1926) 78 Livingstone, Dorothy (2001): à ¢Ã¢â€š ¬Ã…“Competition Act, 1998: A practical Guideà ¢Ã¢â€š ¬Ã‚ , Sweet and Maxwell, London 79 Livingstone, Dorothy (2001): à ¢Ã¢â€š ¬Ã…“Competition ct, 1998à ¢Ã¢â€š ¬Ã‚ : A Practical Guideà ¢Ã¢â€š ¬Ã‚ , Sweet and Maxwell, London 42 7.1.3 Shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services, or the number of customers in the market or any other similar way This category covers the agreements referred to as market sharing agreements. Market sharing or market division agreements may be either to share markets geographically or in respect of consumers or particular categories of consumers or types of goods or services in any other way. An example of geographical market sharing would be an agreement between manufacturer ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Aà ¢Ã¢â€š ¬Ã‹Å" and a manufacturer ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Bà ¢Ã¢â€š ¬Ã‹Å" (both manufacturers of product ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Pà ¢Ã¢â€š ¬Ã‹Å") that ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Aà ¢Ã¢â€š ¬Ã‹Å" will sell product ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Pà ¢Ã¢â€š ¬Ã‹Å" in a certain geographic area, while ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Bà ¢Ã¢â€š ¬Ã‹Å" will sell product ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Pà ¢Ã¢â€š ¬Ã‹Å" in another area and A will not sell P in the area allotted to ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬-Bà ¢Ã¢â€š ¬Ã‹Å" and vice versa. Market sharing agreements are considered to be anti-competitive80 as they reduce the choice available to customers in a competitive market. Such agreements also reduce competition between the parties to agreement. Prof. Whish81 observes that geographic market sharing is particularly restrictive from the customersà ¢Ã¢â€š ¬Ã‹Å" point of view since it diminishes choice; at least where the parties fix prices, a choice of product remains and it is possible that restriction of price competition will force parties to compete in other ways. Market allocation agreements eliminate the need to police the pricing practices of the companies party to the agreement and the need for producers with different costs to agree on appropriate prices82 .