Lease Agreement Misclassified as ‘Leave & License’ Not a Competition Issue Under Competition Act, 2002

Gubba Cold Private Ltd Vs Vishakapatnam Port Logistics Park Ltd (Competition Commission of India)

The Commission notes that the alleged conduct of OPs of the lease agreement camouflaged as a ‘Leave and License Agreement’ for the purpose of avoiding stamp duty and registration charges to the State exchequer is not a competition issue and does not fall within the four corners of the Competition Act, 2002. Furthermore, other alleged actions against the OPs viz enforcement of the ‘lock-in-period’ clause in the Leave and Licence Agreement, refusal by the OPs to adjust the rental

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