Shri Shantaram Walvalkar v. M/s The New India Assurance Co. Ltd. & Ors.
Case brief
What is this about?
The Competition Commission examined a complaint alleging abuse of dominant position by New India Assurance in the health insurance sector due to changes in the Mediclaim 2007 scheme. The Commission found the market highly fragmented, no prima facie case of dominance or anti-competitive agreement, and IRDA is not an enterprise, closing the case.
What did the court decide?
The case against the opposite parties is closed under section 26(2) of the Competition Act, 2002.
What the court decided
31 May, 2013
(Case No. 10 of 2013)
In Re:
Shri Shantaram Walvalkar Informant And M/s The New India Assurance Co. Ltd. Opposite Party No. 1 M/s National Insurance Co. Ltd. Opposite Party No. 2 M/s United India Insurance Co. Ltd. Opposite Party No. 3 M/s Oriental Insurance Co. Ltd. Opposite Party No. 4 Insurance Regulatory and Development Authority, IRDA Opposite Party No. 5
Opposite Party No. 1 Opposite Party No. 2 Opposite Party No. 3 Opposite Party No. 4 Opposite Party No. 5
CORAM:
Mr. Ashok Chawla Chairperson Mr. H C Gupta Member Dr. Geeta Gouri Member
Mr. Anurag Goel Member Mr. M. L. Tayal Member Mr. Justice (Retd.) S. N. Dhingra Member Mr. S.L. Bunker
Member
1
ORDER UNDER SECTION 26 (2) OF COMPETITION ACT 2002
Issues for consideration
3 issues framed by the court
Whether the shift from Mediclaim 1996 to Mediclaim 2007 by imposing age-based conditions constituted abuse of dominant position under the Competition Act, 2002.
Whether the Commission can examine allegations of abuse of dominant position where the relevant market is highly fragmented.
Whether the Insurance Regulatory and Development Authority constitutes an enterprise under the definition in the Competition Act, 2002.
Parties & counsel
- petitioner
Shri Shantaram Walvalkar
- respondent
M/s The New India Assurance Co. Ltd.
- respondent
Insurance Regulatory and Development Authority (IRDA)
Coram
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