Velankani Electronics Private Limited Vs Intel Corporation (Competition commission of India)
The OP has also argued that it has no incentive to deny access to anyone to the Server or Server-Board market segment. The OP’s interests are aligned to ensure multiple manufacturers of Server-Boards and Servers. Since the OP’s primary focus in the Server business is the sale of Micro-Processors, it is in the OP’s commercial interest to ensure that the market is replete with multiple manufacturers and suppliers of Server-Boards and Servers that use its Micro-Processors. In this regard, the Informant has submitted that abuse of dominance provisions under the Act do not insist on motive or intent on part of the dominant entity. The Informant can only establish the conduct of the OP. The intention/ motive behind the OP’s such conduct can only be explained by the OP and anyhow, this fact would not be relevant in the instant matter. The Commission in this regard is of the view that at this stage the Commission is not required to go into the intent or motive of the OP in indulging into the alleged conduct that has been, prima facie, found to be abusive. Otherwise also the language of Section 4 does not impose any such obligation on the Commission.
