Case Law Details
Fast Track Call Cab Pvt. Ltd. Vs ANI Technologies Pvt. Ltd. (Competition Commission of India)
Brief Background of the Case
The present case is a dispute between Ola (ANI Technologies Pvt. Ltd.), an app-based taxi aggregator, and two radio taxi service providers (Fast Track Call Cab Pvt. Ltd.). The informants essentially accused the company of abusing its dominating position and violating Section 4 of the Competition Act, 2002.
Under the brand name “OLA,” OP is a company that provides radio taxi services. The Informant’s main allegation is that OP engaged in predatory pricing in violation of Section 4(2)(a)(ii) of the Act by giving large discounts to customers and incentives to the taxi drivers who serve them. This is a misuse of OP’s dominant position in the relevant market. According to the Informant, this behavior has affected other market competitors who are unable to provide commuters and drivers with comparable discounts or incentives.
At that stage, the Commission, based on the high market share of OP, The Commission ordered the Director General (DG) to conduct a thorough investigation into the situation in an order dated April 24, 2015. By order dated September 30, 2015, the Commission combined this information with the earlier matter that the DG was looking into and instructed the DG to provide an investigative report. During the course of the investigation, the DG sought information from the parties and other radio cab companies (third parties), including Uber India Pvt. Ltd. (‘Uber’), operating in the geographic region of Bengaluru. As a result, on April 12, 2016, the DG submitted a confidential version of the joint investigation report. The DG then filed the investigation report’s public version on November 24, 2016, taking into account the Commission’s orders regarding the confidentiality requests made by OP and Uber. The public version of the investigation report was sent to the parties for their response/objections.
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