Vibrant Enterprise Vs Vygon India Pvt. Ltd. (Competition Commission of India)
Summary: The Competition Commission of India (CCI), by order dated 03 September 2026, closed the information filed by Vibrant Enterprise against Vygon India Pvt. Ltd. under Section 26(2) of the Competition Act, 2002. The Informant had alleged contravention of Sections 3(4) and 4 of the Act arising from the Master Dealership Agreement (MDA) and Vygon’s distribution practices.
The allegations included unilateral termination rights, tender prohibitions, territorial/market allocation, non-compete obligations, mandatory 45-day stocking, extensive reporting requirements, audit powers, and the supply of products approaching or beyond expiry, with corresponding liability being placed on dealers. The Informant proposed the relevant market as neonatal and paediatric vascular access devices and speciality critical-care catheters used in tertiary care hospitals in India and claimed that Vygon held a 40%–70% market share depending on the product category.
The CCI rejected this narrow market definition. It noted that the MDA covered more than 800 products and that the challenged restrictions extended across Vygon’s broader product portfolio. The Commission therefore considered a portfolio/cluster approach and identified, prima facie, the market for supply of medical consumables to institutional buyers in India, while also examining the narrower market relating to supply of catheters.
