GAL is not enjoying the position of dominance in the relevant market on any of the parameters and factors given in section 19(4). GAL is not found to be in a dominant position in terms of the market share, market structure, size and resources, dependence of consumers etc. Thus, when the GAL is not in a dominant position in the relevant market the question of abuse of its dominance does not arise. Therefore, in the instant matter, no case of violation of provisions of section 4 is made out.
a. In the appointment of stockists by way of issue of ‘NOC’ and regulating the number of stockists in contravention of Section 3(3)(b) of the Competition Act, 2002. b. In preventing and restricting the retailers from allowing discounts to the consumers in contravention of Section 3(3)(a) of the Competition Act, 2002. As mentioned earlier a suo motto investigation be initiated into the nexus between associations both horizontal and vertical for as observed most of the practices have evolved over several decades. In fact, association in the pharma industry associations have impacted on several activities along the value chain.
The Competition Commission of India has found Fast Way Group abusing its dominance in the cable TV service in the territory of Punjab and Chandigarh in violation of the provisions of the Competition Act, 2002. The order was passed pursuant to investigation carried out by the Director General upon information filed by M/s Kansan News Private Limited a broadcaster of a news and current affairs TV channel known as ‘Day and Night News’ and operating in the states of Punjab, Haryana, Himachal Pradesh and Union Territory of Chandigarh.
