M/s. Official Beverages v. M/s. Sab Miller India Skol Breweries Limited & Ors.
Case brief
What is this about?
The Competition Commission examined an information alleging abuse of dominance and cartelization in a manufacturing and distribution agreement. The Bench held that the dispute involved a franchise agreement creating no competition issues or dominance and directed closure of the case under Section 26(2).
What did the court decide?
Closure of investigation under section 26(2) of the Competition Act, 2002. Party to be informed.
What the court decided
Case No. 81/2012
In Re:
M/s. Official Beverages, Through its partners Mr. F. V. Sathiskumar, Having its office at 1-4-879/42/5/A, SBI Officers Colony, Besides Vijaya Bank, Gandhi Nagar, Hyderabad - 500080.
Informant
And
- M/s. SAB Miller India, SKOL Breweries Limited Opposite Party 1 Office: Lalhalli Camp Road, Yeshwantpur, Bangalore-560022, Karnataka. Also at: Registered Office:1, Mahal Industrial Estate, Mahakali Road, Andheri (East), Mumbai-400093.
- M/s Prasheeta Enterprises Opposite Party-2 3. M/s Palmyra Enterprises Opposite Party-3 4. M/s Durga Bhargavi Enterprises Opposite Party-4 5. M/s SGS Agencies Opposite Party-5 6. M/s Crystal Agencies Opposite Party-6 7. U. Chandrasekar Opposite Party-7 8. M/s Choweshwarei Agencies Opposite Party-8 9. Sri Chowdeshwari Agencies Opposite Party-9 10. K.S.N. Prasad and Others. Opposite Party-10 11. Kadali Laxmi Opposite Party-11 12. Shravani Enterprises Opposite Party-12 13. Ommishekar Opposite Party-13
CORAM:
Mr. Ashok Chawla Chairperson
Issues for consideration
2 issues framed by the court
Whether the alleged termination of a franchise agreement and abstention by other parties amounts to abuse of dominance or cartelization.
Whether the conduct of the opposite parties warrants an investigation under Section 26(1) of the Competition Act, 2002.
Coram
Ashok Chawla
H.C. Gupta
Geeta Gouri
Anurag Goel
M. L. Tayal
Case details
As recorded by the court registry
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