The Article deals with Definition,Abuse of Dominant Position,Dominant Factors in Relevant Market and its analysis with Recent Cases regarding Competition Act,2002
National Webinar at the Centre for Corporate and Competition Law at Symbiosis Law School, Hyderabad on the topic ”Abuse of Dominance in Competition Law” on 27th August, 2021 by Shri Dhanendra Kumar, 1st Chairperson, Competition Commission of India (CCI).
WTO Agreement on Subsidies and Countervailing MeasuresEvgeny Pustovalov
The document discusses key aspects of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). It outlines the different types of subsidies - prohibited, actionable, and non-actionable - and the rules governing each. Prohibited subsidies include export subsidies and import substitution subsidies. Actionable subsidies are those that cause adverse effects like injury to domestic industry. Non-actionable subsidies are those that are non-specific. The agreement also provides special and differential treatment for developing countries in areas like de minimis subsidy levels and volume thresholds for countervailing investigations. Remedies under the agreement include withdrawal of subsidies or imposition of countervailing duties.
This document discusses abuse of dominant position under the Competition Act 2002 in India. It defines key terms like dominant position, relevant market, and abuse of dominance. Dominant position means a position of strength that allows a firm to operate independently of competition or affect competitors. Abuse of dominance means using dominant position in an exploitative or exclusionary manner. Examples discussed are cases against Coal India Limited for unfair pricing and against DLF for unilateral contract terms. The CCI imposed penalties in both cases and ordered modifications to address the abusive practices.
As a part of the advocacy efforts of the Competition Commission of India(CCI),a presentation to explain the provisions of the Competition Act, 2002, in so far as they relate to the abuse of dominant position in a conference in collaboration with Kerala High Court in Kochi.
The document discusses competition law and policy in India. It defines competition and outlines the benefits of competition for companies, consumers, and the government. However, it notes that these benefits are lost without fair competition or if a monopoly exists. It then discusses key aspects of competition law and policy in India such as the objectives to promote economic efficiency and protect consumers, types of anti-competitive agreements and abuse of dominance, the role and powers of the Competition Commission of India, and penalties for anti-competitive behavior.
Casus omissus, interpretation of statutespoonamraj2010
The document discusses the legal concept of "casus omissus" which refers to a situation not provided for in the language of a statute. It notes that courts cannot supply omissions or legislate, they can only interpret the law. It provides examples from case law where courts have both refused to supply omissions due to clear legislative intent, and in other cases have supplied omitted words to avoid making a statute null. The document outlines principles from cases related to supplying omissions and harmonious construction of statutes.
This document discusses external aids that can be used to interpret statutes in India. It covers parliamentary history, historical facts, social and economic developments, references to other statutes, contemporary opinion, dictionaries, foreign decisions, and the General Clauses Act. Key points include that Indian courts now consider parliamentary history for interpretation, references can be made to statutes in pari materia or that are incorporated, and contemporary dictionaries provide general guidance but not final authority on meanings.
The document summarizes the case of Bobby Art International vs. Om Pal Singh Hoon regarding the film Bandit Queen. A writ petition was filed to quash the film's exhibition certificate. The film was based on a book that was previously published without objection. While the Delhi High Court quashed the certificate, the Supreme Court later reversed this decision. The Supreme Court held that since an expert tribunal had viewed the film and granted it a certificate, and illustrated social evils to show consequences, its decision should stand.
National Webinar at the Centre for Corporate and Competition Law at Symbiosis Law School, Hyderabad on the topic ”Abuse of Dominance in Competition Law” on 27th August, 2021 by Shri Dhanendra Kumar, 1st Chairperson, Competition Commission of India (CCI).
WTO Agreement on Subsidies and Countervailing MeasuresEvgeny Pustovalov
The document discusses key aspects of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). It outlines the different types of subsidies - prohibited, actionable, and non-actionable - and the rules governing each. Prohibited subsidies include export subsidies and import substitution subsidies. Actionable subsidies are those that cause adverse effects like injury to domestic industry. Non-actionable subsidies are those that are non-specific. The agreement also provides special and differential treatment for developing countries in areas like de minimis subsidy levels and volume thresholds for countervailing investigations. Remedies under the agreement include withdrawal of subsidies or imposition of countervailing duties.
This document discusses abuse of dominant position under the Competition Act 2002 in India. It defines key terms like dominant position, relevant market, and abuse of dominance. Dominant position means a position of strength that allows a firm to operate independently of competition or affect competitors. Abuse of dominance means using dominant position in an exploitative or exclusionary manner. Examples discussed are cases against Coal India Limited for unfair pricing and against DLF for unilateral contract terms. The CCI imposed penalties in both cases and ordered modifications to address the abusive practices.
As a part of the advocacy efforts of the Competition Commission of India(CCI),a presentation to explain the provisions of the Competition Act, 2002, in so far as they relate to the abuse of dominant position in a conference in collaboration with Kerala High Court in Kochi.
The document discusses competition law and policy in India. It defines competition and outlines the benefits of competition for companies, consumers, and the government. However, it notes that these benefits are lost without fair competition or if a monopoly exists. It then discusses key aspects of competition law and policy in India such as the objectives to promote economic efficiency and protect consumers, types of anti-competitive agreements and abuse of dominance, the role and powers of the Competition Commission of India, and penalties for anti-competitive behavior.
Casus omissus, interpretation of statutespoonamraj2010
The document discusses the legal concept of "casus omissus" which refers to a situation not provided for in the language of a statute. It notes that courts cannot supply omissions or legislate, they can only interpret the law. It provides examples from case law where courts have both refused to supply omissions due to clear legislative intent, and in other cases have supplied omitted words to avoid making a statute null. The document outlines principles from cases related to supplying omissions and harmonious construction of statutes.
This document discusses external aids that can be used to interpret statutes in India. It covers parliamentary history, historical facts, social and economic developments, references to other statutes, contemporary opinion, dictionaries, foreign decisions, and the General Clauses Act. Key points include that Indian courts now consider parliamentary history for interpretation, references can be made to statutes in pari materia or that are incorporated, and contemporary dictionaries provide general guidance but not final authority on meanings.
The document summarizes the case of Bobby Art International vs. Om Pal Singh Hoon regarding the film Bandit Queen. A writ petition was filed to quash the film's exhibition certificate. The film was based on a book that was previously published without objection. While the Delhi High Court quashed the certificate, the Supreme Court later reversed this decision. The Supreme Court held that since an expert tribunal had viewed the film and granted it a certificate, and illustrated social evils to show consequences, its decision should stand.
1. The prosecution is appealing the conviction of the accused Sunil in the High Court of Delhi.
2. Sunil was convicted by the sessions court of murder under section 302 IPC and acid attack under section 326B read with section 34 IPC for throwing acid on the victim Reema, which led to her death.
3. The prosecution is arguing that Sunil must be convicted on both charges. For the murder charge, the prosecution argues that Sunil threw acid on Reema with the help of his friend Ramesh, causing grievous injuries that led to her death, satisfying the conditions for murder. For the acid attack charge, the prosecution argues that Sunil threw the acid with help from R
Article 21 lays down that no person shall be deprived of their life or personal liberty except according to a procedure established by law. It protects various fundamental rights related to life, including the right to livelihood, food, medical care, shelter, privacy, education, and a healthy environment. Several Supreme Court cases have interpreted and expanded the scope of Article 21 over time to include these additional rights.
This document discusses the relationship between intellectual property laws and competition laws. While intellectual property laws aim to grant limited-time monopolies to creators of works, competition laws seek to prevent monopolization and encourage new market entrants. There can be conflicts between these two areas of law. The Competition Act of India includes provisions addressing how intellectual property rights apply under its prohibition of anti-competitive agreements. Reasonable conditions related to exercising intellectual property rights are allowed, but unreasonable conditions could violate competition law. Examples of potentially anti-competitive IP practices are provided. A case study examines the rejection of a merger proposal in the biscuit market due to concerns about increased market share concentration.
Competition is the best means of ensuring that the ‘Common Man’ or ‘Aam Aadmi’ has access to the broadest range of goods and services at the most competitive prices. With increased competition, producers will have maximum incentive to innovate and specialize. This would result in reduced costs and wider choice to consumers. A fair competition in market is essential to achieve this objective. Our goal is to create and sustain fair competition in the economy that will provide a ‘level playing field’ to the producers and make the markets work for the welfare of the consumers
This document discusses non-conventional trademarks, which are trademarks that do not fall under traditional categories such as letters and logos. Examples of non-conventional trademarks include colors, smells, and sounds. The Trademarks Act of 1999 defines a trademark broadly enough to include non-conventional trademarks. Sound and color trademarks can be registered in India if they are capable of graphical representation. While a single color alone may not be registrable as a trademark in India due to concerns about depletion of color options, a color combination can be considered a trademark. The legal treatment of color trademarks remains ambiguous in India.
This document discusses conflict of laws in intellectual property rights (IPR). It begins by defining IPR and explaining why states create laws to protect intellectual creations through monopoly rights for creators. As technology has reduced national boundaries, courts increasingly face conflicts between IPR laws of different countries. Private international law is important because IPR issues now extend beyond nations. The principle of territoriality and its absence in today's globalized world can create conflicts. The document examines jurisdictional roles and choices of law in resolving international IPR disputes.
The document discusses the Competition Act of 2002 in India. It provides an overview of the Act's key features including regulations around anti-competitive practices, abuse of dominance, and mergers and acquisitions. It also describes the role of Competition Advocacy and the initiatives taken by the Competition Commission of India to promote awareness. Finally, it outlines 4 case studies that the Commission has reviewed related to alleged violations of the Act, such as a hospital accused of restricting patient choice or bid rigging among manufacturers.
1. Ram Kumar has filed a bail application in connection with FIR No. 156/2018 registered under Section 307 of the Indian Penal Code for attempted murder.
2. He claims to be innocent and falsely implicated. He owns a textile business and has no criminal record.
3. Ram Kumar promises to abide by any bail conditions and attend court on all hearing dates, and seeks bail citing his innocence, responsibility, and that keeping him in custody serves no purpose.
EVOLUTION AND DEVELOPMENT OF COMPETITION LAWS IN INDIAMritunjay Sengar
India adopted its first competition law, the Monopolies and Restrictive Trade Practices Act (MRTP), in 1969. However, economic liberalization in the 1990s and changing global markets revealed the MRTP Act to be outdated. In 1999, a committee was formed to recommend a new competition law. The committee suggested enacting the Competition Act and establishing the Competition Commission of India, replacing the MRTP Act. The Competition Act was passed in 2002 and came into force in 2003, establishing India's modern competition law framework.
The document defines and discusses the doctrine of first sale under copyright law. It provides that after the initial sale of a lawfully made copy of a copyrighted work, the copyright owner's distribution right is exhausted and the owner of that copy can sell, lend, or give away the copy without permission. The doctrine was first recognized in the 1908 US Supreme Court case Bobbs-Merrill Co. v. Straus and later codified in US and Indian copyright law. It establishes important limitations on copyright owners' control over lawful copies after their initial sale.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The document summarizes the key aspects of dispute settlement in the World Trade Organization (WTO). It outlines the improvements made relative to the prior GATT system, including establishing automatic procedures for establishing panels and adopting reports. The main stages of dispute settlement under the WTO are described as consultations, panel establishment, panel procedures, appellate review, implementation, and determination of a reasonable period of time for compliance. The document provides an example case between Antigua/Barbuda and the United States regarding gambling services to illustrate how the dispute settlement process works.
The informant alleged that Yash Raj Films violated competition law by requiring theaters to agree to screen two of their upcoming films together in order to screen their blockbuster film Ek Tha Tiger. The Commission found that (1) while the agreement was a tie-in arrangement, tie-ins are not automatically illegal and this one did not appreciably reduce competition; (2) the agreement did not create barriers to entry or drive out competitors; and (3) Yash Raj Films was not shown to be dominant in the film industry market. Therefore, the Commission concluded the agreement did not violate Sections 3 or 4 of India's competition law.
This document provides a summary of the Telco case analyzed by Ankush Chattopadhyay. It discusses Telco's agreement with dealers regarding the sale and distribution of its commercial vehicles. Key points include:
- Clauses 1 and 3 allocated territories to dealers and restricted cross-territorial sales.
- Clause 6 set maximum resale prices.
- Clause 14 made dealerships exclusive to Telco vehicles.
The Monopolies Commission held these clauses constituted restrictive trade practices. However, the Supreme Court allowed Telco's appeal and found the clauses did not restrict competition and were justified given supply constraints and the need for adequate after-sales support. The judgment established a framework for analyzing
The document discusses the relationship between competition laws and intellectual property rights (IPRs) in India. It provides context on the objectives of competition laws such as preventing anti-competitive practices and abuse of dominant positions. It then discusses the nature and intent of IPRs, noting they provide exclusive rights but are exceptions to free competition rules. The document outlines how competition laws can apply to IPRs to prevent extension of monopoly power beyond the scope of protection. It analyzes relevant sections of the Competition Act relating to anti-competitive agreements and treatment of IPRs.
Trademark Agent in India | Trademark Agent Exam in India | How to Become Trad...Intepat IP
A trademark agent is someone with expertise in trademark law and processes who assists clients with trademark registration and protection. They help companies select trademarks, conduct searches to check availability, file and manage applications, communicate with trademark offices, and defend trademarks against infringement when needed. To become an agent in India, one must pass a qualifying exam administered by the trademark registry. Candidates must be Indian citizens over 21 with a university degree. The exam consists of a written test and interview covering trademark law. Those who pass are registered as agents and can legally represent clients in trademark matters.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
K.K. Modi vs. K.N.Modi & ors. (1998) 3 scc 573nishidh41
Arbitration - jurisdiction - intention of parties not to have any judicial determination on basis of evidence led before Chairman - Chairman not required to base decision only on materials placed before him by parties and their submissions - free to take help of other experts - finality of decision indicative of being an expert's decision though not conclusive - decision of Chairman not an arbitration award - held, proceedings before Chairman not arbitration proceedings and nor his decision and award.
Depository system and its role in stock marketBibhu Manik
This article deals with Depository system in India and its role in Indian security market . it will be helpful for those who want to know about depository system
Presentation on salient features and provisions of the Competition Act in India as a part of coursework
Course - MMS/MBA
Semester - 2
Subject - Business Laws
1. The prosecution is appealing the conviction of the accused Sunil in the High Court of Delhi.
2. Sunil was convicted by the sessions court of murder under section 302 IPC and acid attack under section 326B read with section 34 IPC for throwing acid on the victim Reema, which led to her death.
3. The prosecution is arguing that Sunil must be convicted on both charges. For the murder charge, the prosecution argues that Sunil threw acid on Reema with the help of his friend Ramesh, causing grievous injuries that led to her death, satisfying the conditions for murder. For the acid attack charge, the prosecution argues that Sunil threw the acid with help from R
Article 21 lays down that no person shall be deprived of their life or personal liberty except according to a procedure established by law. It protects various fundamental rights related to life, including the right to livelihood, food, medical care, shelter, privacy, education, and a healthy environment. Several Supreme Court cases have interpreted and expanded the scope of Article 21 over time to include these additional rights.
This document discusses the relationship between intellectual property laws and competition laws. While intellectual property laws aim to grant limited-time monopolies to creators of works, competition laws seek to prevent monopolization and encourage new market entrants. There can be conflicts between these two areas of law. The Competition Act of India includes provisions addressing how intellectual property rights apply under its prohibition of anti-competitive agreements. Reasonable conditions related to exercising intellectual property rights are allowed, but unreasonable conditions could violate competition law. Examples of potentially anti-competitive IP practices are provided. A case study examines the rejection of a merger proposal in the biscuit market due to concerns about increased market share concentration.
Competition is the best means of ensuring that the ‘Common Man’ or ‘Aam Aadmi’ has access to the broadest range of goods and services at the most competitive prices. With increased competition, producers will have maximum incentive to innovate and specialize. This would result in reduced costs and wider choice to consumers. A fair competition in market is essential to achieve this objective. Our goal is to create and sustain fair competition in the economy that will provide a ‘level playing field’ to the producers and make the markets work for the welfare of the consumers
This document discusses non-conventional trademarks, which are trademarks that do not fall under traditional categories such as letters and logos. Examples of non-conventional trademarks include colors, smells, and sounds. The Trademarks Act of 1999 defines a trademark broadly enough to include non-conventional trademarks. Sound and color trademarks can be registered in India if they are capable of graphical representation. While a single color alone may not be registrable as a trademark in India due to concerns about depletion of color options, a color combination can be considered a trademark. The legal treatment of color trademarks remains ambiguous in India.
This document discusses conflict of laws in intellectual property rights (IPR). It begins by defining IPR and explaining why states create laws to protect intellectual creations through monopoly rights for creators. As technology has reduced national boundaries, courts increasingly face conflicts between IPR laws of different countries. Private international law is important because IPR issues now extend beyond nations. The principle of territoriality and its absence in today's globalized world can create conflicts. The document examines jurisdictional roles and choices of law in resolving international IPR disputes.
The document discusses the Competition Act of 2002 in India. It provides an overview of the Act's key features including regulations around anti-competitive practices, abuse of dominance, and mergers and acquisitions. It also describes the role of Competition Advocacy and the initiatives taken by the Competition Commission of India to promote awareness. Finally, it outlines 4 case studies that the Commission has reviewed related to alleged violations of the Act, such as a hospital accused of restricting patient choice or bid rigging among manufacturers.
1. Ram Kumar has filed a bail application in connection with FIR No. 156/2018 registered under Section 307 of the Indian Penal Code for attempted murder.
2. He claims to be innocent and falsely implicated. He owns a textile business and has no criminal record.
3. Ram Kumar promises to abide by any bail conditions and attend court on all hearing dates, and seeks bail citing his innocence, responsibility, and that keeping him in custody serves no purpose.
EVOLUTION AND DEVELOPMENT OF COMPETITION LAWS IN INDIAMritunjay Sengar
India adopted its first competition law, the Monopolies and Restrictive Trade Practices Act (MRTP), in 1969. However, economic liberalization in the 1990s and changing global markets revealed the MRTP Act to be outdated. In 1999, a committee was formed to recommend a new competition law. The committee suggested enacting the Competition Act and establishing the Competition Commission of India, replacing the MRTP Act. The Competition Act was passed in 2002 and came into force in 2003, establishing India's modern competition law framework.
The document defines and discusses the doctrine of first sale under copyright law. It provides that after the initial sale of a lawfully made copy of a copyrighted work, the copyright owner's distribution right is exhausted and the owner of that copy can sell, lend, or give away the copy without permission. The doctrine was first recognized in the 1908 US Supreme Court case Bobbs-Merrill Co. v. Straus and later codified in US and Indian copyright law. It establishes important limitations on copyright owners' control over lawful copies after their initial sale.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The document summarizes the key aspects of dispute settlement in the World Trade Organization (WTO). It outlines the improvements made relative to the prior GATT system, including establishing automatic procedures for establishing panels and adopting reports. The main stages of dispute settlement under the WTO are described as consultations, panel establishment, panel procedures, appellate review, implementation, and determination of a reasonable period of time for compliance. The document provides an example case between Antigua/Barbuda and the United States regarding gambling services to illustrate how the dispute settlement process works.
The informant alleged that Yash Raj Films violated competition law by requiring theaters to agree to screen two of their upcoming films together in order to screen their blockbuster film Ek Tha Tiger. The Commission found that (1) while the agreement was a tie-in arrangement, tie-ins are not automatically illegal and this one did not appreciably reduce competition; (2) the agreement did not create barriers to entry or drive out competitors; and (3) Yash Raj Films was not shown to be dominant in the film industry market. Therefore, the Commission concluded the agreement did not violate Sections 3 or 4 of India's competition law.
This document provides a summary of the Telco case analyzed by Ankush Chattopadhyay. It discusses Telco's agreement with dealers regarding the sale and distribution of its commercial vehicles. Key points include:
- Clauses 1 and 3 allocated territories to dealers and restricted cross-territorial sales.
- Clause 6 set maximum resale prices.
- Clause 14 made dealerships exclusive to Telco vehicles.
The Monopolies Commission held these clauses constituted restrictive trade practices. However, the Supreme Court allowed Telco's appeal and found the clauses did not restrict competition and were justified given supply constraints and the need for adequate after-sales support. The judgment established a framework for analyzing
The document discusses the relationship between competition laws and intellectual property rights (IPRs) in India. It provides context on the objectives of competition laws such as preventing anti-competitive practices and abuse of dominant positions. It then discusses the nature and intent of IPRs, noting they provide exclusive rights but are exceptions to free competition rules. The document outlines how competition laws can apply to IPRs to prevent extension of monopoly power beyond the scope of protection. It analyzes relevant sections of the Competition Act relating to anti-competitive agreements and treatment of IPRs.
Trademark Agent in India | Trademark Agent Exam in India | How to Become Trad...Intepat IP
A trademark agent is someone with expertise in trademark law and processes who assists clients with trademark registration and protection. They help companies select trademarks, conduct searches to check availability, file and manage applications, communicate with trademark offices, and defend trademarks against infringement when needed. To become an agent in India, one must pass a qualifying exam administered by the trademark registry. Candidates must be Indian citizens over 21 with a university degree. The exam consists of a written test and interview covering trademark law. Those who pass are registered as agents and can legally represent clients in trademark matters.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
K.K. Modi vs. K.N.Modi & ors. (1998) 3 scc 573nishidh41
Arbitration - jurisdiction - intention of parties not to have any judicial determination on basis of evidence led before Chairman - Chairman not required to base decision only on materials placed before him by parties and their submissions - free to take help of other experts - finality of decision indicative of being an expert's decision though not conclusive - decision of Chairman not an arbitration award - held, proceedings before Chairman not arbitration proceedings and nor his decision and award.
Depository system and its role in stock marketBibhu Manik
This article deals with Depository system in India and its role in Indian security market . it will be helpful for those who want to know about depository system
Presentation on salient features and provisions of the Competition Act in India as a part of coursework
Course - MMS/MBA
Semester - 2
Subject - Business Laws
Chaque mois, nous cherchons à vous éclairer sur une nouvelle façon d’aborder certaines idées, informations ou théories. Ce mois ci, éclairage sur les évolutions adaptatives.
The Coming Intelligent Digital Assistant Era and Its Impact on Online PlatformsCognizant
The coming proliferation of intelligent digital assistants (IDAs), when IDAs will represent their human owners, is a key step in the emergence of an autonomous business environment. To accommodate such rapid changes, online platform providers must upgrade their capabilities and business models to better contend with factors such as AI, scalable infrastructure, anayltics, API-based development, and advances in product search and discovery.
Kitchen Cabinet Design Trends in VirginiaMaria Wilson
Kitchen cabinet is the basic fabric of every kitchen. An ideal cabinet design adds glamour and touch of class to any kitchen. If you want to bring warmth to your kitchen, start with the cabinets.
Fbe manchester the agents perspective 24th march 17FBE Manchester
The document summarizes presentations from three guest speakers at a networking breakfast event. Dominic Pozzoni from Colliers International provided an overview of the Manchester office market. Stephen Toal from Savills discussed UK retail performance and trends. Caroline Baker from Cushman & Wakefield presented on the Manchester residential market, covering supply characteristics, values, and the private rented sector.
SI-PI, Khristina Damayanti, Hapzi Ali, Isu Sosial Dan Etika Dalam Sistem Info...khristina damayanti
Di perusahaan system informasi paling luas cakupannya yaitu di Marketing. Karena di marketing, perusahaan bersinggungan langsung dengan masyarakat. Terlebih saat ini social media hampir digunakan oleh setiap orang.
Biasanya perusahaan menggunakan social media untuk membangun komunitas dan jaringan marketing. Akan tetapi etika di social media ini kadang berbenturan. Misalkan kita ambil contoh penggunaan foto yang di posting oleh orang di social media dan diambil oleh divisi design dept marketing. Divisi design tersebut biasanya mencari foto dari google dan menggunakannya sebagai media promosi di social media dengan mengedit terlebih dahulu foto tersebut. Hal ini terjadi karena posting di social media harus rutin dan berkala, sehingga designer dituntut menghasilkan foto design yang cukup banyak. Posting di social media harus rutin agar komunitas selalu menerima informasi terbaru dari perusahaan. Dengan rutin nya posting ini maka anggaran jika membeli lisensi dari foto tersebut menjadi tinggi. Sehingga biasanya designer hanya mengambil saja tanpa melihat lisensi dari foto tersebut.
"Each shipwreck has a story," wrote the late Jacques Cousteau. The waters of the Caribbean region, from Bermuda to Barbados, have been swallowing ships for more than 400 years. That's a lot of stories.
The document provides tips for designing effective PowerPoint presentations. It recommends making slides big, simple, clear, progressive, and consistent. Specifically, it suggests using large font sizes, simple language and visuals, high contrast colors, and consistency in formatting. The goal is to communicate information to audiences in an easy-to-understand manner without distractions.
The Competition Act, 2002 aims to promote fair competition in India and protect consumer interests. It replaced the Monopolies and Restrictive Trade Practices Act of 1969. The key objectives of the Competition Act are to prevent anti-competitive practices, promote competition, protect consumer interests, and ensure freedom of trade. The Act prohibits anti-competitive agreements between companies, abuse of dominant market position, and regulates combinations/mergers above certain financial thresholds. It established the Competition Commission of India to enforce the competition laws and regulations in the country.
The document summarizes key aspects of competition law in India. It discusses how competition law evolved from the Monopolies and Restrictive Trade Practices Act (MRTP Act) of 1969 to the Competition Act of 2002. The MRTP Act aimed to control monopolies and unfair trade practices, while the Competition Act focuses on promoting real competition. It also outlines some core components of competition law, including prohibiting anti-competitive agreements between businesses and banning abusive behavior by dominant firms that restrict competition.
PRESENTATION ON METAMORPHOSIS OF MRTP ACT 1969 TO COMPETITION ACT 2002077PranjalMishra
The document provides an overview of a presentation on the evolution of competition law in India from the Monopolies and Restrictive Trade Practices (MRTP) Act of 1969 to the Competition Act of 2002. It discusses key features and limitations of the MRTP Act, the need for reform, and salient aspects of the Competition Act, including its broader scope and impact in promoting fair competition, consumer empowerment, and curbing anti-competitive practices.
MRTP Act 1969 and Competition Act 2002Chanda Singh
The document compares the MRTP Act of 1969 and the Competition Act of 2002 in India. The MRTP Act aimed to control monopolies and restrictive trade practices, while the Competition Act aims to promote competition and protect consumer interests. It established the Competition Commission of India to prevent anti-competitive conduct and regulate combinations. Some key differences are that the Competition Act explicitly defines anti-competitive offenses and regulates combinations, while the MRTP Act was more complex and reactive.
Intellectual Property v. Competition Law Policy in IndiaMehek Kapoor
1.Emerging Jurisprudence
2.Examining the Relationship Between IP & Competition Policy
3.Regulation of IP Related Competition Issues:
3.1. Abuse of Dominant Position
3.2. Refusal to License
3.3. Excessive Pricing
3.4. Tying Arrangements
4.Mechanisms to Control IP Abuse
4.1. Parallel Imports
4.2. Compulsory Licensing
5.Conclusion & Suggestions
MRTP Act 1969 and Competition Act 2002Chanda Singh
The document compares the MRTP Act of 1969 and the Competition Act of 2002 in India. The MRTP Act aimed to control monopolies and restrictive trade practices, while the Competition Act aims to promote competition and protect consumer interests. It established the Competition Commission of India to prevent anti-competitive conduct and regulate combinations. Some key differences are that the Competition Act explicitly defines anti-competitive offenses and regulates combinations, while the MRTP Act was more complex and reactive.
Sangyun Lee, ‘Abuse of Economic Dependence in Competition Law From a Comparat...Sangyun Lee
Presentation slides prepared for the 2021 ASOCLA Asia regional session. I sincerely thank the seminar participants for their comments on my research. Special thanks go to Prof. Thomas K. Cheng and Prof. Masako Wakui, for organizing this seminar and giving me an invaluable opportunity to share my research findings and further develop and elaborate ideas. Please note that this research, as part of my Ph.D. research, is still in progress and has yet reached any definitive conclusion. When you want to use any contents included in this document, please reference this document with citation as follows: Sangyun Lee, ‘Abuse of Economic Dependence in Competition Law From a Comparative Perspective’ (ASCOLA Asia Regional Workshop 2022, Jan 5, 2022). Any comments, of course, are more than welcome and much appreciated. sangyunl@korea.ac.kr
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Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
The document provides an overview of the Competition Act of 2002 in India. Some key points:
- The Act aims to promote fair competition in the market and protect consumer interests by prohibiting anti-competitive agreements and abuse of dominant market positions.
- It established the Competition Commission of India (CCI) to investigate anti-competitive practices and regulate combinations (mergers and acquisitions).
- The Act prohibits anti-competitive agreements, abuse of dominant positions, and combinations that negatively impact competition. It replaced the Monopolies and Restrictive Trade Practices Act of 1969.
- Key concepts defined include cartels, enterprises, persons, relevant markets, and what constitutes anti-competitive agreements and abuse of
The document discusses the constitutional basis and evolution of competition law in India. It notes that Articles 38 and 39 of the Indian Constitution mandate promoting social welfare and minimizing economic inequalities, triggering the first competition law in 1969. A committee in 1999 recommended a modern competition law aligned with international standards. This led to the Competition Act of 2002, which aims to promote fair competition while allowing for monopolies in some industries. It prohibits anti-competitive agreements and abuse of dominant positions while regulating mergers and acquisitions. The Competition Commission of India was established to enforce the Act and advocate for pro-competitive policies.
The Competition Act of 2002 established the Competition Commission of India (CCI) to prevent anti-competitive practices and promote competition. The CCI is tasked with investigating anti-competitive agreements, abuse of dominant market positions, and mergers and acquisitions. Parties to a combination are not required to notify the CCI, but the CCI can investigate combinations on its own. The CCI faces challenges due to overlapping jurisdictions, unrealistic timelines, lack of cooperation from foreign counterparts, and limited resources and infrastructure.
Progression of MRTP Act to Competition Act in the era of globalization where ...92_neil
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Dominant Position :Competition Law(Competition Act,2002)
1. ASSIGNMENT
ON
DOMINANT POSITION : DEFINITION,ABUSE OF DOMINANT
POSITION,DOMINANT FACTORS IN RELEVANT MARKET AND CASE
STUDY
SUBJECT
COMPETITION LAW(BL6-903)
SUBMITTED BY
BIBHU KAIBALYA MANIK
ROLL NO: 1685005/2016, LL.M
KIIT SCHOOL OF LAW
SUBMITTED TO
KUMUD MALVIYA
Assistant Professor, School of Law
KIIT University
2. DOMINANT POSITION
1
CONTENT
1. CHAPTER - I---------------------------------------------------------------------3-5
1.1 INTRODUCTION
1.2 OBJECTIVE OF THE STUDY
1.3 HYPOTHESIS
1.4 RESEARCH PROBLEM
1.5 METHODOLOGY
1.6 LITERATURE REVIEW
2. CHAPTER - II---------------------------------------------------------------------6-7
2.1 INTRODUCTION TO DOMINANT POSITION
2.2 HOW DOMINANT POSITION CAN BE OBTAINED
3. CHAPTER - III-------------------------------------------------------------------8-10
3.1 ABUSE OF DOMINANT POSITION
3.2 RELEVANT MARKET
3.3 RELEVANT GEOGRAPHIC MARKET
3.4 RELEVANT PRODUCT MARKET
4. CHAPTER - IV-------------------------------------------------------------------11-13
4.1 DOMINACE FACTOR IN THE RELEVANT MARKET
4.1.1 SECTION 19(4) OF COMPETITION ACT,2002
3. DOMINANT POSITION
2
5. CHAPTER - V---------------------------------------------------------------------14-18
5.1 ANALYSIS OF CASES REGARDNG DOMINANT POSITION
5.1.1 Belaire Owners’ Association Vs. DLF Limited, HUDA & Ors.
5.1.2 M/S Fast Track Call Cab Private Limited V/S M/S Ani Technology Private Limited
5.1.3 Anti-competitive Practices of Google
5.1.4 Meru Travel Solutions Private Limited (MTSPL) v. Uber India Systems Pvt. Ltd. & Ors
6. CHAPTER - VI------------------------------------------------------------------------19
CONCLUSION
BIBLIOGRAPHY--------------------------------------------------------------------20
4. DOMINANT POSITION
3
CHAPTER-I
INTRODUCTION
Dominant position as being created when one or more undertakings in a particular market use
their position in that market to determine economic parameters such as price, supply, the amount
of production and distribution, by acting independently of their competitors and customers. A
firm is in a dominant position if it has the ability to behave independently of its competitors,
customers, suppliers and, ultimately, the final consumer.The competition laws of the countries
focuses on all activities be it multilateral activity or unilateral activity i.e. abuse of dominant
position in the market. The extent of dominance can be defined as the position of strength
enjoyed by an undertaking that enables it to operate independently of the competitive pressure in
the relevant market and also affects the relevant market, competitors and consumers by its action.
The impact on the market including barriers to new entrants is to be taken into account.
OBJECTIVE OF THE STUDY
To understand the meaning of Dominant position in the market.
To explore the legal provisions established for prohibition of Abuse of dominant position.
To overview the cases filed before Competition Commission of India regarding the abuse of
Dominant position in India.
HYPOTHESIS
It may be hypothesized that the Indian framework for Competition Law prohibits the abuse of
Dominant Position to maintain competitiveness in the market for every kind of market players.
RESEARCH PROBLEM
The title of the act that is Competition Act,2002 gives an impression as if the act is a
comprehensive code of law relating to Competition .However,this is seeming impression does
seem to be true .The Competition act is partly got succeed by in preventing abuse of Dominant
5. DOMINANT POSITION
4
Position but due to lack of awareness and efficiency the dispute resolve mechanism is
functioning in less effective way. .
METHODOLOGY
The research paper presents the various aspects of dominant position and how the legal
framework is made to prevent abuse of dominant position in the market . The methodological
approach used in the research paper is doctrinal and case study method.The data used in the
research is collected from both primary,secondary and tertiary sources to make analysis and to
approve or disapprove the hypothesis.The primary sources of data used are court
decisions,Acts,statutes. Secondary sources of data used are relevant Articles and books of
law.The tertiary data used are relevant information regarding dominant position available from
internet sources.The hypothesis is tested through doctrinal method and case studies.
LITERATURE REVIEW
In “Abuse Of Dominant Position1
”by “Shilpi”exlpained that Dominance relates to a position of
economic strength enjoyed by an undertaking, which enables it to prevent effective competition
being maintained on relevant market by giving it the power to behave to an appreciable extent
independently of its competitors, customers and ultimately of its consumers. Dominance means
acquisition of significant market power, which enables the enterprise to increase the price or
limit production independently of competitors as well as customers. Dominant position has to be
determined in the relevant market and the factors for such determination are provided in the Act.
Dominance is not treated bad per se; it is the abuse of dominant position which is prohibited.The
anti –competitive business practices in which a dominant firm may engage in order to maintain
or increase its position on the market. Competition law prohibits such behaviour, as it damages
true competitions between firms, exploits consumers and makes it unnecessary for the dominant
undertaking to compete with the other firms on the merits.The Article mostly delas with the
critical analysis of Domiant Position and abuse of it and role of domianat position in relevant
market rather than legal framework .
1
http://www.legalservicesindia.com/article/article/abuse-o-dominant-position-729-1.html
6. DOMINANT POSITION
5
In “Assessment Of Dominance : Issues And Challenges Under The Indian Competition Act,
20022
”by “Mr. G.r. Bhatia” Determination of dominance of an enterprise or group in the
relevant market is a pre requisite to enquire into abuse thereof. India, in line with international
trend, has bid farewell to the arithmetical criteria of 25 per cent market share (as it exists in the
MRTP Act, 1969) to label an undertaking as "dominant" and has opted for combined structural
cum behavioural approach as the Competition Act, 2002 mandates the CCI to look into host of
factors which give rise to enormous issues and challenges in deciding "dominance". Further,
erroneous determination will discourage firms from pursuing pro competitive conducts while
erroneous non determination of dominance will allow the enterprise to perpetuate with
exploitative and exclusionary conducts. The need is to strike a balance to avoid both types of
error.The article mostly deals with the legal frame work for Domianat Position and law provided
in the Competition act,2002 and MRTP act,1969.
2
http://www.manupatrafast .com/ articles / PopOpenArticle .aspx?ID =8de19f8a - 5bbd-42b6- a96a- 692a0f
376625&txtsearch = Subject:%20Commercial
7. DOMINANT POSITION
6
CHAPTER-II
INTRODUCTION TO DOMINANT POSITION
Dominant position in Competition act,2002 is defined as “a position of strength, enjoyed by an
enterprise, in the relevant market, in India, which enables it to
(i) operate independently of competitive forces prevailing in the relevant market; or
(ii) affect its competitors or consumers or the relevant market in its favour.”3
The act deals with the abuse of Dominant position which is prohibited 4
.The term Dominance in
the market is explained in various way.In United Brands Company and United Brands
Continental BV v Commission of the European Communities5
the European court defines
dominance as :
“A position of economic strength enjoyed by an undertaking which enables it to prevent effective
competition being maintained on the relevant market by affording it the power to behave to an
appreciable extent independently of its competitors, customers and ultimately of its consumers”
The High Level Committee on Competition Policy and Law in para 4.4.5 defines Dominance as
“position of strength, enjoyed by an enterprise, in the relevant market in India, which enables it
to:6
(i) operate independently of competitive forces prevailing in the relevant market; or
(ii) affect its competitors or consumers or the relevant market in its favour. “
3
Section 4,Explanation (a),Competition Act,2002
4
Section 4 of Competition Act,2002
5
Case 27/76,1978,Eur Lex Acess to European Union Law, (March 22.2017, 11:34 AM) , http://eur-
lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61976CJ0027
6
www.manupatrafast.com,(March 22. 2017,11:55AM),
http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=8de19f8a-5bbd-42b6-
a96a692a0f376625&txtsearch=Subject:%20Commercial
8. DOMINANT POSITION
7
There are certain factors by which a Dominant position can be determined .Essentially a lack of
rivalry in the market s one of the reason.Competitive pressure from rival firms usually 'keeps
firms honest', preventing them from charging prices which are excessively above costs. Without
competitive pressure a dominant firm has market power and so is able to profitably raise prices
and restrict output.
How Dominant Position Can be obtained
A dominant position may, in part, be obtained through:
A firm gaining market share by being more efficient than competitors and better at product
and process innovations
A firm buying out or merging with competitors
A state owned enterprise
is positive and part of the competitive process. The lure of greater profits is an incentive to
innovate and increase market share
can be positive or negative which is why many jurisdictions regulate merger activity
So holding a dominant position is not outlawed (although it is controlled where
possible).Abusing a dominant position is outlawed.So Dominant position is ability to operate
independent of competitive forces prevailing in the relevant market which affect its
competitor/consumers/relevant market
9. DOMINANT POSITION
8
CHAPTER-III
ABUSE OF DOMINANT POSITION
The concept of abuse is an objective concept relating to the behaviour of an undertaking in a
dominant position which is such as to influence the structure of a market where , as a result of
the very presence of the undertaking in question.The degree of competition is weakened and
which , through recourse to methods different from those which condition normal competition in
products or services on the basis of the transactions of commercial operators , has the effect of
hindering the maintenance of the degree of competition still existing in the market or the growth
of that competition.
The philosophy of the Competition Act is that a situation of monopoly per se is not against
public policy but, rather, the use of the monopoly status such that it operates to the detriment of
potential and actual competitors. At this point it is worth mentioning that the Competition Act
does not prohibit or restrict enterprises from coming into dominance. There is no control
whatsoever to prevent enterprises from coming into or acquiring position of dominance. All that
the Act prohibits is the abuse of that dominant position. The Act therefore targets the abuse of
dominance and not dominance per se .
For instance in EU laws in N.V. Netherlands Banden Industrie Michelin vs Commission of
the European Communities7
it is observed that a finding that an undertaking has a dominant
position is not a recrimination but simply means that irrespective of the reasons for which it has
such a dominant position, the undertaking concerned has a special responsibility not to allow its
conduct to impair genuine undistorted competition in the common market. In United States vs.
International Harvester Co.8
the court citing the case of United States vs. United States steel
Corp9
observed that law does not make mere size of corporation, however impressive, or the
7
Case 322/81,ECLI:EU:C:1983:313,http://www.legalservicesindia.com,(March 23.2017,12:14 PM) ,
http://www.legalservicesindia.com/article/article/abuse-o-dominant-position-729-1.html
8
274 U.S. 693 (1927), supreme.justia.com,(March 23.2017, 12:34 P.M) ,https:// supreme.justia. com/ cases/federal
/us/274/693/case.html
9
251 U.S. 417 (1920),supreme.justia.com, (March 23.2017, 2:45 PM) https:// supreme. justia.com/ cases/federal
/us/251/417/
10. DOMINANT POSITION
9
existence of unexterted power on its part, an offense when accompanied by unlawful conduct in
the exercise of its power. The laws of most jurisdictions prohibit the abuse of dominant
position/misuse of market power by enterprises.
Section 4 of Competition Act,2002 defines about the abuse of Dominant position which is
prohibited by law . As defined in such section :
There shall be no abuse of dominant position . It can be considered as dominant position if ,
Imposing unfair or discriminatory conditions
Predatory pricing, limit production, deny market access
Contracts contingent on supplementary obligation
Use dominance in one market to move into or protect other relevant market (product &
geography)
Limiting or restricitng
Production of goods
Technical or scientific development
Indulges in practical resulting in denial of market access
Makes conclusion of contracts subject to acceptance by other parties of supplementary
obligations
Uses its dominant position in one relevant market to enter into,or protect other relevant
market.
Predatory Price - It means the sale of goods or provision of services, at a. price which is
below the cost, as may be determined by regulations, of production of the goods or provision
of services, with a view to reduce competition or eliminate the competitors.10
10
Section 4,Explanation (b) , Competition Act,2002
11. DOMINANT POSITION
10
Relevant Market - It means the market which may be determined by the Commission with
reference to the relevant product market or the relevant geographic market or with reference to
both the markets.11
Relevant Geographic Market- It means a market comprising the area in which the conditions
of competition for supply of goods or provision of services or demand of goods or services are
distinctly homogeneous and can be distinguished from the conditions prevailing in the
neighbouring areas12
Relevant Product Market- It means a market comprising all those products or services which
are regarded as interchangeable or substitutable by the consumer, by reason of characteristics of
the products or services, their prices and intended use.13
11
Section 2(r) of Competition Act,2002
12
Section 2(s) of Competition Act,2002
13
Section 2(t) pf Competition Act,2002
12. DOMINANT POSITION
11
CHAPTER-IV
DOMINANCE FACTORS IN THE RELEVANT MARKET
The Competition Commission of India shall, while inquiring whether an enterprise enjoys a
dominant position or not under section 4, have due regard to all or any of the following
factors14
, namely
Market share of the enterprise- After determining the relevant market, the next step in
determining "dominance" is to assess market share of enterprise or group. Different
parameters are employed to measure market share depending upon the nature of sector and
the issue under investigation.
Size and resources of the enterprise- Large size and superior financial position or resources
may be a contributing factor to a dominant market position.
Size and importance of the competitors - When looking at market share it is also relevant to
look at the largest firm's market share relative to its competitors; the smaller the shares of the
competitors, it would be advisable to hold that the largest firm as dominant. Market share of
one competitor in the market also determine the competition constraint on the another player
Economic power of the enterprise including commercial advantages over competitors -
Superior market position or resources may be a contributing factor to a dominant market
position.
Vertical integration of the enterprises or sale or service network of such enterprises - The
vertical integration and the benefit of well-established distribution system may act as barrier
to entry as it can discourage or impede access for a potential entrant to the market
Dependence of consumers on the enterprise - In public utilities, the dependence of
consumers is invariably high.
Monopoly or dominant position whether acquired as a result of any statute or by virtue
of being a Government company or a public sector undertaking or otherwise - A
14
Section 19(4) of Competition Act,2002
13. DOMINANT POSITION
12
former state monopoly later on facing competition from new entrants, may have inherited
advantages like a strong financial position, control of certain network facilities, connections
and political support or established relations with suppliers and customers and such
dominant firm may make life of new entrants difficult and may oust them out of market. The
imbalance between a former state monopolist and the new entrants have been noticed
globally
Entry barriers including barriers such as regulatory barriers, financial risk, high capital cost
of entry, marketing entry barriers, technical entry barriers, economies of scale, high cost
of substitutable goods or service for consumers;
Countervailing buying power - An enterprise may be constrained not only by actual and
potential competitors but also by its customers. A buyer enjoying monopsony can tame a
dominant supplier to exercise market power. If there are competitors with adequate
capacities to meet demand, a buyer's threat to switch to another supplier may have a
considerable disciplinary effect on a supplier that sells a major part of its production to a
single buyer. A strong buyer may pave the way for new entry or lead existing suppliers in
the market to expand their output so as to defeat the exercise of market power not only to its
own benefit but also to the benefit of other buyers and consumers.
Market structure and size of market - Market structure which is characterised by a sole
supplier of goods/services either on standalone basis or by virtue of common ownership,
makes conditions conducive to exercise market power affecting competition, consumers or
market.
Social obligations and social costs - This factor gives flexibility to Commission to take into
account social obligations performed by an entity. There is greater realisation more than ever
before that business house is trustee of society. The profit for profit's sake is becoming a
dirty word and focus of future business is on ethics, governance beside quest for
sustainability, conservation of energy etc
Relative advantage,by way of the contribution to the economic development, by the
enterprise enjoying a dominant position having or likely to have an appreciable adverse
effect on competition;
14. DOMINANT POSITION
13
Any other factor which the Commission may consider relevant for the inquiry - This
residuary clause gives ample scope to the Commission to take into account any other factor
which it may deem fit for the inquiry. Price and profit level are also used in some
jurisdictions as a relevant factor while assessing dominance but some jurisdiction caution
about potential error in using them as determining competitive price or profit is extremely
difficult and further exorbitant price or profit is viewed as inducement to others to enter into
the market. Access to essential inputs on long-term basis may be in favour of assessing
dominance.
15. DOMINANT POSITION
14
CHAPTER-V
ANALYSIS OF CASES REGARDING DOMINANT POSITION
Belaire Owners’ Association Vs. DLF Limited, HUDA & Ors.15
Facts of The Case
DLF has launched a Group Housing Complex (The Belaire) in Gurgaon, planned to construct 5
multistoried residential buildings. In its initial plan, DLF designed five multi-storied buildings
which would consist of only 19 floors with a total of 368 apartments to be constructed within a
period of 36 months. In May 2010, the informant filed an instant case under Section 19(1) (a) of
the Competition Act, 2002 and alleged that DLF, by abusing its dominant position, imposed
highly arbitrary, unfair and unreasonable conditions on the informant through its agreements. As
a matter of fact, the rights of the informant in this agreement were affected by the DLF. The
Informant .further alleged that the various clauses of the house agreement had imposed unilateral
and one sided clauses and the action of DLF pursuant thereto was prima facie unfair and
discriminatory, thus attracting the provisions of Section 4 (2) (a) of the Act.
Analysis by CCI and COMPAT
The commission analysis, as per the Section 4 (a) and Section 4 (a) (ii), DLF position of
dominance in the relevant market cannot be ignored as its advantages of over competitors in size
and resources, and concluded “DLF operate independently of competitive forces prevailing in
the relevant market or to affect its competitors or consumers or the relevant market in its favour.
DLF had a clear early mover's advantage and occupies a leadership position as real estate is a
sector with natural entry barriers due to high cost of land and brand value of incumbent market
leaders.
The CCI held that DLF has resorted to malpractice in the agreement and its acts of abuse of
dominance position can be clearly seen in this case. The abuse was alleged to be committed by
imposing
15
Case No. 19/2010,indiankanoon.org,(March 23.2017,6:54 PM)https://indiankanoon.org/doc/143869586/
16. DOMINANT POSITION
15
unfair conditions on the buyer through the Provisional Booking agreement, which is signed by
the buyer after having paid substantial costs, therefore, DLF leaving no option to the buyer to
object to loop-sided provisions of the agreement.
On this case, CCI held that DLF has contravened the section 4 (2) (a) (i) and (ii), directly and
indirectly, imposing unfair or discriminatory conditions in the sale of services. CCI found DLF
guilty of abusing its dominant position in the market and imposed a penalty of Rs. 630 crores on
DLF. The CCI further directed DLF to cease and desist from formulating and imposing such
unfair conditions in its Agreement with buyers in Gurgaon and to suitably modify unfair
conditions imposed on its buyers as referred to above, within 3 months of the date of receipt of
the order on DLF.
DLF Further Appealed in COMPAT for modification of agreement. The case is still pending.
M/S Fast Track Call Cab Private Limited V/S M/S Ani Technology Private Limited16
Brief Facts
1. M/s Fast Track Call Cab Pvt. Ltd., the “Informant”, filed a complaint against M/s ANI
Technologies Pvt. Ltd., the “Opposite Party”, alleging that the Opposite Party acted in
contravention of Section 3 (Anti-competitive agreements) and Section 4 (Abuse of
Dominant position) by engaging in the practice of predatory pricing.
2. The Informant claims on the basis of an article published on ‘vccircle.com’ that the opposite
party received investment worth of over $ 276 million from various companies and that this
amount is being utilised to unleash a series of abusive practices of unfair condition and
predatory pricing. The Opposite Party, as claimed by the Informant, enjoys a dominant
position as it has 43% of the active fleet in Bengaluru with 47% of the market share and has
acquired the business of ‘Taxi for Sure’, making its share about 69% in the relevant market.
3. Informant also states that the Opposite Party is abusing its dominant position by
incentivising its drivers in an unrealistic manner and also providing the customers with
16
Case No. 06 of 2015 ,CCI ,halphalegalupdates.blogspot.in,(March 23.2017, 7:18 PM) http:// alphalegalupdates.blogspot.in
/2015/11/ms-fast-track-call-cab-private-limited.html
17. DOMINANT POSITION
16
equally unrealistic discounts with the help of the money received by the foreign investments.
It is difficult for the other existing radio cab operators to match the standards of the Opposite
Party.
Issue for Consideration
Whether the Opposite Party has abused its dominant position in as given under Section 4 of
the Competition Act, 2002 by indulging in the malpractice of predatory pricing?
Decision of the Commission
1. The Commission established ‘Radio taxi services’ as the relevant market. It held that
geographic market will be different for each city as the operations of cabs is restricted to city
limits; in this case Bengaluru. Thus, the relevant market was established as ‘Radio Taxi
services in the city of Bengaluru’.
2. The Commission was also of the opinion that Opposite Party enjoyed a dominant position in
the relevant market owing to the acquisition of another service provider, Taxi for Sure, due
to which its market share in the relevant market went up to 69%.
3. On the issue of the Opposite Party offering unrealistic incentives to its drivers, the
Commission was of the opinion that it is not concerned with the exclusion of other players
from the market on the grounds of inefficiency. However the abusive practice of predatory
pricing was taken up as under Section 4(2) of the Competition Act.
4. On the basis of the material placed on record, on an average, the Opposite Party spent
around Rs. 574 per trip but the average revenue was Rs. 344, creating a loss of Rs. 230 on an
average. Thus, the Commission was of the opinion that this indicated predatory pricing
aiming to eliminate other competitors from the relevant market.
5. The conduct of the Opposite Party, according to the Competition Commission of India,
resulted in abuse of dominant position under Section 4 of the above mentioned Act.
6. The Commission ordered an investigation as per Section 26(1) of the Competition Act for
fixing liability with respect to the contravention of the said Act.On 6th
August, 2015, the
Chairman of the CCI started that the investigation in this matter is at the preliminary stage.
18. DOMINANT POSITION
17
7. The Case is still pending .
Anti-competitive Practices of Google17
An investigation by the Competition Commission of India (CCI) has claimed that the US-based
Internet giant Google Inc allegedly “abused its dominance” in the Indian market by incorporating
clauses in its agreements with users that restricted them from availing services of third-party
search engines.The probe by the DG (Director General, Investigations), ordered by the CCI in
2012, also found that some agreements the company had with other parties incorporated a “one-
sided clause relating to termination, possible for only those players who are dominant”. The
competition watchdog has sent its findings to Google and asked for its response by September
10,2012.If found guilty, CCI an impose a penalty of up to 10 per cent of the company’s three-
year annual average turnover, as per the Competition Act.CCI imposed a fine of Rs 1 crore on
Google for non-cooperation in the investigation.CCI ordered an investigation after CUTS, a
consumer rights website, in 2011, and BharatMatrimony.com, a matchmaking portal, in 2012,
filed complaints with the commission against the alleged abuse of dominance by Google. The
matchmaking portal alleged that the company had discriminatory and retaliatory trade practices
related to its AdWords program, which is Google’s key revenue source where it sells keywords
to advertisers and displays them in the form of ads online. During the probe, DG CCI sought
comments from several third parties including Flipkart, MakeMyTrip.com, and Facebook.
Meru Travel Solutions Private Limited (MTSPL) v. Uber India Systems Pvt. Ltd. & Ors.18
In this case, Meru's averment against Uber was its dominance in the relevant market in so far as
its incentive policy is not based upon any economically justified consideration, but solely to gain
and maintain the fidelity of the taxi owners and to prevent passengers/customers from obtaining
radio taxi services from other radio taxi services operators.Further, Meru alleged that Uber's
loyalty inducing incentive schemes have or are likely to have an exclusionary effect in the
relevant market to the detriment of other competitors.In addition to the payments to drivers, Uber
17
indianexpress.com,(March 23.2017, 9:10 PM),http://indianexpress.com/article/technology/tech-news-technology/
google-misusing-search-dominance-in-india-says-dg-report-to-cci/
18
Case No. 96 of 2015 ,CCI,www.mondaq.com,(March 23.2017,10:14 P.M) http:// www.mondaq.com /india/x/561928/
Cartels+Monopolies/Indian+Antitrust+Scenario+Year+In+Review+2016
19. DOMINANT POSITION
18
is said to be offering huge discounts and benefits to its consumers which are difficult for
similarly placed players to match.However, on 7 December 2016, the COMPAT reversed the
CCI's order and directed the DG to investigate the matter on the grounds that relevant market
was incorrectly defined by the CCI, in addition to fact that the size of discounts and incentives
offered by Uber suggest either phenomenal efficiency improvements replacing existing business
models with the new business models or the possibility of an anti-competitive stance to it. The
Commission is of the view that no case of contravention is made out against Uber Group under
Sections 3 or 4 of the Act. Accordingly, this case is hereby directed to be closed under Section
26(2) of the Act.
20. DOMINANT POSITION
19
CHAPTER-VI
CONCLUSION
Unhesitatingly, protecting consumers and ensuring freedom of businesses and to engage in
economic conduct free from abuse by dominant firms will contribute to economic development
but determining dominance of a firm or group is highly subjective and complex. It is more
challenging for a new agency of an emerging economy of India. There are no hard and fast rules
to determine dominance.Erroneous determination of dominance will discourage firms from
pursuing pro-competitive conducts. Erroneous non-determination of dominance will allow them
to perpetuate with exploitative and exclusionary conducts. Thus, CCI needs to strike a balance to
avoid both types of error. Though there are many cases which are dealt by CCI to prevent
dominant position yet many cases are pending . The awareness in the market regarding dominant
position is not fully developed. Competition act achieved its objective in some extent bu not
fully .Still Small Market players are becoming victimized by Dominant market players.Though
CCI set examples in the competitive market by resolving certain issues yet the procedure is time
consuming . The faster resolve of issues will be more effective.