Competition Act, 2002: s. 4 – Abuse of dominant position – Allegation that appellant losing Rs. 204 per trip in respect of every trip made by cars of the fleet owners which does not make any economic sense other than pointing to appellant’s intent to eliminate competition in the market – Held: There is prima facie case u/s. 26(1) as to infringement of s. 4 – Two ingredients for abuse of dominant position is, the dominant position itself and its abuse – From the allegation it is clear that if, in fact, a loss is made for trips made, Explanation (a)(ii) would prima facie be attracted as this would certainly affect the appellant’s competitors in the appellant’s favour or the relevant market in its favour – Under s. 4(2)(a), so long as this dominant position, whether directly or indirectly, imposes an unfair price in purchase or sale including predatory price of services, abuse of dominant position also gets attracted – Thus, the order passed by the appellate tribunal is upheld – Director General to complete investigation within the stipulated period.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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