Shri Ram Niwas Gupta & Ors. v. M/s Omaxe Ltd. & Ors.
Case brief
What is this about?
The Competition Commission examined allegations of anti-competitive agreements under Section 3(4) of the Competition Act involving a real estate developer and a maintenance service provider. The Commission held that end-consumers are not part of the production chain, thereby rendering Section 3(4) inapplicable, and dismissed the case.
What did the court decide?
Proceedings closed forthwith with no infringement of Section 3 of the Act established against the Opposite Parties.
What the court decided
BEFORE THE
COMPETITION COMMISSION OF INDIA
[Case No. 74/2011]
Decision Dated: 18.10.2012
1. Shri Ram Niwas Gupta 60, Suraj Nagar, Azadpur, Delhi-110033
2. Mrs. Priyanka Gupta 60, Suraj Nagar, Azadpur, Delhi-110033
- Informants
1. M/s Omaxe Ltd,
- 7, Local Shopping Complex, Kalkaji, New Delhi-110019
2. M/s Shanvi Estate Management Services (P) Ltd., 10, Local Shopping Complex, Kalkaji, New Delhi-110019
- O pposite Parties
Order under Section 26(6) of the Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether the agreements between OP-1, OP-2, and the Informant regarding plot purchase and maintenance services are anti-competitive under Section 3(4) of the Competition Act, 2002.
Whether the arrangement between OP-1 and OP-2 to provide maintenance services constitutes an anti-competitive tie-in arrangement.
Whether end-consumers fall within the production chain definition under Section 3(4) of the Act.
Parties & counsel
- petitioner
Shri Ram Niwas Gupta
- petitioner
Mrs. Priyanka Gupta
- respondent
M/s Omaxe Ltd
- respondent
M/s Shanvi Estate Management Services (P) Ltd.
Coram
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page
- Order 2
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