Travel Agents Association of India v. Lufthansa German Airlines. & Ors.
Case brief
What is this about?
The Commission considered an information alleging cartelization and abuse of dominance by foreign airlines for reducing travel agent commissions. Finding no evidence of market dominance, cartel formation, or statutory violation, the Commission closed the proceedings.
What did the court decide?
Proceedings under Section 26(6) closed forthwith following the investigation report finding no violation.
What the court decided
1
COMPETITION COMMISSION OF INDIA Case No. 1412009 ,
Dated: .3). /0 . 2011
Information filed by:
Travel Agents Association of India 2-D, Lawrence Mayo House, Dr. D.N. Road, Mumbai
Against:
- Lufthansa German Airlines 56- Janpath, New Delhi
- Air Canada Room No.202, 2nd Floor Ansal Bhawan, K.G. Marg, New Delhi
- Australian Airlines Express Towers 6th Floor, Nariman Point Mumbai
- Continental Airlines Cyber Greens, DLF Phase – II Gurgaon, Haryana
- Air France 8th Floor, Tower C Building No.8, DLF Cyber City Phase II Gurgaon
- Northwest Airlines (NW Indira Gandhi Internati Terminal II New Delhi
Issues for consideration
3 issues framed by the court
Whether the foreign airlines formed a cartel or abused their dominant position under Section 3 and 4 of the Competition Act by abolishing commission to travel agents.
Whether the relevant market is the entire Indian airspace or specific independent routes operated by the foreign airlines.
Whether the decision to reduce commission was an independent commercial decision or a concerted action violating the Act.
Parties & counsel
- applicant
Travel Agents Association of India
- respondent
Lufthansa German Airlines
- respondent
Air Canada
- respondent
Australian Airlines
- respondent
Continental Airlines
- respondent
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