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H.S.Rai <hardeep.rai@gmail.com> greatdevelopers@googlegroups.com greatdevelopers <greatdevelopers@googlegroups.com> [GD 2091] MS dragged to India's Competition Commission on pricing Wednesday 29 September 2010 08:11:18 IST

---------- Forwarded message ---------From: Sunil Abraham <sunil@cis-india.org> Date: T ue, Sep 28, 2010 at 10:35 PM Subject: [fosscomm] Microsoft reportedly dragged to India's Competition Commission on OS+Oce license pricing T Indian FOSS Community Network list <network@lists.fosscom.in> o:

Dear Friends, Does anyone know how we could support the work of the Competition Commission on this. Best wishes, Sunil

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Singhania & Partners takes anti-competitive Microsoft to CCI on own behalf

Competition Law

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Written by Kian Ganz Saturday, 18 September 2010 11:55

Singhania and Partners, represented by Seth Dua & Associates, has made a complaint against software giant Microsoft before the Competition Commission of India (CCI) alleging anti-competitive practices and abuse of a dominant position, according to news channel CNBC TV18. CNBCs reporter said: Now, what Singhania and Partners alleges in their ling before the Competition Commission is that Microsoft adopted dierential pricing for its OEM and volume licenses and that the law rm was forced to buy only volume licenses. Hence, Singhania and partners alleges that this is nothing, but price manipulation on the part of Microsoft. That results in two serious breaches under the Competition Act of 2002, anti competitive practices and abuse of dominant position. The Business Standard said it could not reach Singhania and Partners for comment, although an ocial conrmed to the Economic Times that a complaint had been received under section 4 of the 2002 Competition Act. The Business Standard also wrote that sources close to Microsoft alleged said that some time earlier, Page 1 of 3

Microsoft had taken an anti-piracy action against Singhania, although the paper could not conrm the claim.

--------------http://economictimes.indiatimes.com/articleshow/6574959.cms?prtpage=1 17 SEP, 2010, 10.01PM IST,PTI

Microsoft Corp dragged to CCI for abusing dominant position

NEW DELHI: Global software major Microsoft Corp has been dragged to the Competition Commission of India (CCI) by a law rm for allegedly abusing its dominant position as a market leader. Singhania & Partners has led a complaint against Microsoft alleging that software company rst signed an agreement to sell a software at a certain price, but later raised the price intending not to sell it, sources said. The law rm had placed an order for MS operating systems and MS Oce software. They had paid 50 per cent advance the got quotations for original equipment manufacturer (OEM) licences, but at the time of delivery Microsoft said that they would give them volume licence, which would cost the rm double the price. The life of an OEM nishes with the life of a computer, while that of a volume licence is transferable. "Singhania & Associates has argued before the Commission that why should Microsoft dictate terms as to what order should be placed," a source said. Singhania has also complained that MS practices dierential and discriminatory pricing, suggesting prices according to the size of the company. "The complaint has been received under Section 4 of the Competition Act 2002. The Commission is yet to take a view on it," an ocial said. The case is represented by Seth Dua & Associates. When contacted, Microsoft India spokesperson said, "We don't comment on any matters that are before government agencies. Microsoft is committed to complying with all relevant laws in each jurisdiction where it does business, including India." The Competition Act of 2002, empowers CCI to look into complaints relating to anti-competitive agreements and abuse of dominant market position.

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