Excessive Pricing Claims Fail as DG Did Not Compare Charges With Similar Hospitals

Vivek Sharma Vs Max Super Specialty Hospital, Patparganj (Competition Commission of India) The matter before the Competition Commission of India arose from information filed under Section 19(1)(a) of the Competition Act, 2002 against Becton Dickinson India Pvt. Ltd. and Max Super Specialty Hospital, Patparganj. The Informant alleged that disposable syringes sold at the hospital’s in-house pharmacy carried higher MRPs than identical syringes sold in the open market, allegedly due to collusion between the manufacturer and the hospital. After a prima facie order under Section 26(1), the Directo...