Kanwal Jit Singh v. India Yamaha Motors Pvt. Limited.
Case brief
What is this about?
The Competition Commission of India examined a complaint alleging abuse of dominance by India Yamaha Motors under Section 4 of the Act. Finding the company did not hold a dominant market share, the Commission held no prima facie case existed and closed the inquiry under Section 26(2).
What did the court decide?
Proceedings closed as a fit case for closure under Section 26(2) of the Competition Act, 2002.
What the court decided
Case No. 22/2013
Dated 01.07.2013
Kanwal Jit Singh (Proprietor, M/s Kanwal Automobiles) 116-B, Alexandra Road, Ambala Cantt -1330001, Haryana
Informant
India Yamaha Motors Pvt. Limited (Through its Managing Director) A-3, Industrial Estate, Noida Dadri Road, Surajpur – 201306, Gautam Budh Nagar, UP CORAM:
Opposite Party
Mr. Ashok Chawla Chairperson Dr. Geeta Gouri Member Mr. Anurag Goel Member Mr. M. L. Tayal Member Mr. Justice S. N. Dhingra (Retd.) Member Mr. S. L. Bunker Member Present: Mr. Tejinder Pal Singh, Advocate for the Informant.
Page 1 of 6
Order under Section 26(2) of the Competition Act, 2002
The information was filed under section 19(1) (a) of the Competition Act, 2002 (the ‘ Act ’) by Kanwal Jit Singh (the ‘ Informant’) against India Yamaha Motors Pvt. Limited (the “Opposite Party” ) alleging abuse of dominance for contravention of the provisions of Section 4 of the Act.
Issues for consideration
2 issues framed by the court
Whether the Opposite Party was in a dominant position in the relevant market of motorcycles in Ambala and its surrounding areas.
Whether the conduct of appointing additional dealers constituted an abuse of dominant position under the Competition Act.
Coram
Ashok Chawla
Dr. Geeta Gouri
Anurag Goel
M. L. Tayal
S. N. Dhingra
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · July
- Case no.
- 22/2013
- Topic
- Consumer Protection
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