Competition Act : Presence of other builders offering residential flats in relevant market rules out dominance of opposite party
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[2014] 52 taxmann.com 153 (CCI)
COMPETITION COMMISSION OF INDIA
Anil K Jain
v.
Yamuna Expressway Industrial Development Authority
M.L. TAYAL, S.L. BUNKER, SUDHIR MITAL,
AUGUSTINE PETER AND U.C. NAHTA, MEMBER
CASE NO. 48 OF 2014
OCTOBER 1, 2014
Section 4 of the Competition Act, 2002 - Prohibition of abuse of dominant position - Whether where informants, allottees of residential plot developed by Opposite Party No. 1, contended that it devised a scheme for permitting 'transfers' of allotments of non-existent plots on which they collected 'transfer charges' and 'stamp duty' as well, in view of fact that there were other developers also in relevant market, opposite party could not be said to be in a dominant position and, thus, question of abuse of dominant position by it within meaning of provisions of section 4 did not arise - Held, yes
■■■
[2014] 52 taxmann.com 153 (CCI)
COMPETITION COMMISSION OF INDIA
Anil K Jain
v.
Yamuna Expressway Industrial Development Authority
M.L. TAYAL, S.L. BUNKER, SUDHIR MITAL,
AUGUSTINE PETER AND U.C. NAHTA, MEMBER
CASE NO. 48 OF 2014
OCTOBER 1, 2014
Section 4 of the Competition Act, 2002 - Prohibition of abuse of dominant position - Whether where informants, allottees of residential plot developed by Opposite Party No. 1, contended that it devised a scheme for permitting 'transfers' of allotments of non-existent plots on which they collected 'transfer charges' and 'stamp duty' as well, in view of fact that there were other developers also in relevant market, opposite party could not be said to be in a dominant position and, thus, question of abuse of dominant position by it within meaning of provisions of section 4 did not arise - Held, yes
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