Professional Documents
Culture Documents
ACKNOWLEDGEMENT
CERTIFICATE OF ORIGINALITY
Gagandeep kaur
B.COM L.L.B
BATCH: -2018-2023
212/18
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INDEX
1. Table of cases 5
6
2. Introduction
7
3. Abuse of dominant position
9
4. Factors to determine dominant position
11
5. Relevant market
15
6. Types of dominant position
17
7. Facts of the case
20
8. Issues
24
9. Judgement
27
10. Case analysis
30
11. Conclusion
31
12. References
5
TABLE OF CASES
S.NO. PAGE
CASES NO.
INTRODUCTION
RELEVANT MARKET
The first thing to be resolved in quite a while of
supposed abuse of dominant position is the
‘relevant market’ in which the accused party has a
predominant position. The reason served by
depicting a relevant market is to characterize the
degree inside which the situation of an endeavor is
to be tried for strength and misuse thereof. The
‘relevant market’ is characterized as ‘product’ and
‘geography’, in other words, the applicable market
recognizes the specific item/administration or class
of items created or benefits rendered by an
enterprise(s) in a given geographic territory.
Relevant Market Product
A market comprises all those products or services
that are interchangeable or are substituted by the
consumer. Factors determining the relevant
product market are :
1. Physical characteristics or end-use of goods.
2. Price of goods or services.
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3. Consumer preference
4. Exclusion of in-house producers.
5. Existence of specialized producers.
6. Classification of Industrial products.
In the case of Atos Worldline v Verifoneindia, Case
No. 56 of 2012, the Competition Commission of
India (CCI), held that the relevant product market is
to be looked at from both demand and supply
perspective based on the characteristics of the
product, its price and intended use. Similarly, in the
case of Surinder Singh Barmi v The Board of Control
for Cricket in India (BCCI), Case No. 61/2010, it was
held that the relevant market was settled on the
thought of demand substitutability of different
types of amusement or entertainment. It was held
that a cricket match couldn’t be held to be
substitutable by some other game dependent on
neither qualities nor the intention of the person
watching the cricket match.
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FACTS :
The case started when Jindal Steel and power
Limited alleged M/s Steel Authority of India before
the Competition Commission of India by invoking
section 19 read with section 26(1) of Competition
Act for an exclusive supply agreement with Indian
Railways. It was claim that SAIL had used its position
and dominated the market and had not let others
to enter in the market competition and acted
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1. Shivam Garg, COMPAT CAN’T INTERVENE CCI INVESTIGATION: ANALYSIS OF CCI V. SAIL
,(2010) 10 SCC 744
20
ISSUES :
Whether the dictums passed by the CCI in
exertion of its power under Section 26(1) of
the Act establishing a prima facie opinion
would be appealable in terms of Section 53(A)
of the Act?
The Apex Court held that the Section 53A(1) of
the Act certainly provides
directions/decisions/orders may be appealed
before COMPAT, and this does not include a
direction/dictum of CCI under Section 26(1) of
the Act. The Court contemplated that the right
to appeal is a statutory right and if the law
doesn’t provide for an appeal, the Court cannot
surmise such right.
JUDGEMENT :
The investigation by Director General which was
initiated by CCI under section 26(1) of the act is not
appealable under section 53A(1) of the Act because
26(1) does not determine any obligation of the
parties. The order’s which is not specified can not
be implied. So, the prima facie view and issuing
direction to DG is not appealable.
No statutory duty is cast on the Commission to
issue notice or to grant hearing and the parties also
can not claim so. In the terms of Section 26(1) of
the Act that a prima facie case exist for issuance of
direction to the DG to initiate an investigation to
the matter. But being a statutory body Commission
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CASE ANALYSIS
The apex court in Issue 1 expressed that the
direction of CCI to DG to conduct an investigation
under Section 26(1) of the Act is not appealable
under Section 53A(1) of the Act, because the order
under section 26(1) does not determine any rights
or obligations of the party to the case. The court
reached this after analyzing the provision under Act
and rules of interpretation, to note the difference
between “and” & “or”. It followed the principle of
Expressum facit cessare tacitum[2] . They referred to
Indian and other country legislation like European
and case laws and finally reached to conclusion that
Section 53(1) provides right of appeal which is a
substantive right and this section allows appeal only
in things provided in section.
2. Union of India v. Tulsiram Patel, AIR 1985 SC 1416; Padma Sundara Rao v. State of T.N., AIR
2002 SC 1334
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3. A proper party is one in whose absence an effective order can be made but whose presence
is necessary for a complete and final decision on the question involved in the proceeding.
29
4. S.N. Mukherjee v. Union of India, (1990) 4 SCC 594; Assistant Commissioner, C.T.D.W.C. v.
Shukla and Brothers, JT 2010 (4) SC 35
30
CONCLUSION
REFERENCES
Books:
1. Ashish Makhija, Insolvency and Bankruptcy Code
of India, 1st ed, Lexis Nexis Publications.
2. A K Mylsamy & P S Suman : Insolvency and
Bankruptcy Cases, 1st Edn, Lexis Nexis Publications.
Websites:
https://advocatespedia.com/
https://www.manupatrafast.in/NewsletterArc
hives/listing/CNB%20Vaish/2010/September-
October,%202010.pdf
https://competitionlawobserver.wordpress.co
m/