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Competition Commission of India

BCCI guilty of abusing its dominant position in the sport of cricket

March 12, 2013 1693 Views 0 comment Print

The role and functioning of BCCI have already been examined in detail earlier in this order. An analysis of the position clearly brings out that there is an overlap between the way BCCI is discharging its regulatory and commercial roles respectively, and the modus operandi/decision making process does not clearly separate the two roles.

Abuse of dominant position cannot be alleged if other players also exist in the same market

January 18, 2013 909 Views 0 comment Print

As per the information available in public domain, it is clear that the OP was not the only real estate developer offering commercial office space in Delhi. There are other real estate developers as well, e.g., Ansal API, Unitech, BPTP, Omaxe, Parsavnath etc.Presence of other real estate developers offering commercial office space also indicates that the informant was not dependent upon the opposite party for provisioning of an office space.

Upward revision of freight by railways cannot be considered as abuse of dominant position

January 15, 2013 607 Views 0 comment Print

By the statutory provision, the legislature has authorized the Central Government to classify and revise rates/freight with respect to carriage of passenger and goods. The impugned rate instructions/circulars issued by OP were uniformly applicable for all the entities who wanted to avail the services of Indian railways for transporting their goods.

‘Jab tak hai Jaan’ won against ‘Son of Sardar’ – CCI finds no contravention

November 7, 2012 4895 Views 0 comment Print

The Competition Commission of India has held that there is no contravention of the provisions of the Act by the alleged agreement between Yash Raj Films Private Limited and its various associated enterprises. The Competition Commission of India passed its order in the case filed by Ajay Devgn Films against Yash Raj Films Private Limited.

Company not having dominant position in relevant market can’t abuse it

August 22, 2012 2007 Views 0 comment Print

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.

Chemist association held guilty of taking anti-competitive measure

July 15, 2012 5609 Views 0 comment Print

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.

CCI imposes penalty of more than Eight Crores on Multi System Operators Group

July 6, 2012 1660 Views 0 comment Print

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.

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