M/s Amit Auto Agencies v. M/s King Kaveri Trading Co.
Case brief
What is this about?
Competition Commission of India considered an information regarding alleged violations of Sections 3 and 4 of the Competition Act by M/s King Kaveri Trading Co. The Commission found that the respondent did not hold a dominant position and the agreement did not cause appreciable adverse effect on competition. The case was closed under Section 26(2) without directing further investigation.
What did the court decide?
The information was disposed of by closing the case under Section 26(2) of the Act without directing investigation.
What the court decided
COMPETITION COMMISSION OF INDIA
(Case No. 57 of 2013)
In Re:
M/s Amit Auto Agencies ... Informant
And
M/s King Kaveri Trading Co. ... Opposite Party
QUORAM:
Mr.Ashok Chawla Chairperson Dr.GeetaGouri Member Mr.Anurag Goel Member Mr.M.L.Tayal Member Mr.Justice (Retd.) S.N. Dhingra Member Mr.S.L. Bunker Member
Present: Informant in person.
Order under Section 26(2) of the Competition Act, 2002
The present information was filed against the Opposite Party [OP] by the informant who was trading in Truck and Trailer parts in the State of Rajasthan, under the provisions of section 19(1) of the
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Issues for consideration
3 issues framed by the court
Whether the respondent had a dominant position in the market for truck and trailer components in Rajasthan under Section 4 of the Act.
Whether the exclusive supply agreement between the parties caused appreciable adverse effect on competition under Section 3 of the Act.
Whether a prima facie case exists to direct investigation into the alleged violations of Sections 3 and 4 of the Competition Act, 2002.
Parties & counsel
- petitioner
M/s Amit Auto Agencies
- respondent
M/s King Kaveri Trading Co.
Coram
Ashok Chawla
Case details
As recorded by the court registry
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