Case Law Details
Kanwaljeet Kaur Soni Vs Association of Certified Fraud Examiners Inc. (Competition Commission of India)
The CCI case (No. 05/2023) revolves around allegations filed by Mrs. Kanwaljeet Kaur Soni, the Informant, against Association of Certified Fraud Examiners Inc. (ACFE/OP-1), Netrika Consulting India Private Limited (NCIPL/OP-2), and The Open Thinking Academy (OTA/OP-3). The Informant alleges contravention of the provisions of Sections 3 and 4 of the Competition Act, 2002.
The Informant, engaged in providing study resources and coaching for the Certified Fraud Examiner (CFE) course, accuses ACFE/OP-1 of abuse of dominant position by imposing unfair conditions through its byelaws. She also claims that ACFE/OP-1’s actions restrict market access for preparatory services and influence CFE aspirants’ decisions.
ACFE/OP-1’s counteractions include issuing cease-and-desist notices to the Informant for alleged copyright and trademark infringements. This case underscores the intersection of intellectual property rights, competition regulations, and the dynamics of providing certification services in the global market.
The CCI’s analysis examines the interactions between the parties, communications, allegations of copyright infringement, and the Informant’s engagement in delivering preparatory courses for CFE certification. The CCI also reviews the Informant’s claims of ACFE/OP-1’s dominant position, allegations of restrictions on service supply, and the entry barriers posed by the appointment of Authorized Training Partners (ATPs).
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