Mrs. Randhir Kaur Sidhu v. Fargo Estates Pvt. Ltd. & Ors.
Case brief
What is this about?
The Competition Commission considered an information alleging anti-competitive practices by a mall developer and its sister maintenance agency regarding high charges and exclusive appointment. The Commission held that the parties were not prima facie in similar trades and could not operate independently of competitive forces, thus finding no abuse of dominance and dismissing the reference to the D
What did the court decide?
The matter is closed forthwith and no reference is made to the Director General for investigation.
What the court decided
1
COMPETITION COMMISSION OF INDIA
Case No 18/2011
Dated : 24.05.2011
Information filed by: Information Against:
Mrs. Randhir Kaur Sidhu
- Fargo Estates Pvt. Ltd.
- Fargo Facilities Management Pvt. Ltd.
Order under Section 26(2) Of The Competition Act, 2002
The instant information has been filed by Mrs. Randhir Kaur Sidhu (hereinafter referred to as the ‘Informant’) under Section 19 of the Competition Act, 2002 (hereinafter referred to as ‘the Act’) on 20.04.2011 against M/s. Fargo Estates Pvt. Ltd., Delhi (hereinafter referred to as the ‘Opposition Party No.1) and Fargo Facilities Management Pvt. Ltd., Delhi (hereinafter referred to as the ‘Opposite Party No.2) inter alia alleging the contravention of the provisions of Section 3 and Section 4 of the Act.
- The facts as stated in the information are , in brief, as under:
Issues for consideration
2 issues framed by the court
Whether the appointment of a sister concern as a exclusive maintenance agency and charging high maintenance fees constitute an abuse of dominant position under sections 3 and 4 of the Competition Act,
Whether the relevant market for shopping mall construction and maintenance services is defined such that the opposite parties hold a dominant position independent of competitive forces.
Parties & counsel
- petitioner
Mrs. Randhir Kaur Sidhu
- respondent
Fargo Estates Pvt. Ltd.
- respondent
Fargo Facilities Management Pvt. Ltd.
Coram
Case details
As recorded by the court registry
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