Party in terms of total value and volume of sale taking into account the entire spectrum of customers of the Opposite Party and at the same time excluding the supply of APM gas by GAIL and IOCL in the relevant geographic market the conclusion drawn by the DG may not be depicting true picture of the market shares of the parties. Further, even the Informant has stated the market share of the Opposite Party is in the range of 47-52% in the relevant market and as per DG report the shares of IOCL and GAIL were in the range of 2331% and 10% respectively in the same period. Further, the GAIL is supplying gas to the Opposite Party. The cumulative result of all these factors shows that on the one hand the market share of the Opposite Party has been calculated without applying any equaliser and on the other the presence of two heavy weights, i.e., IOCL and GAIL commanding consistently close second and third rank is definitely a factor which would constrain the behaviour of the Opposite Party. The Commission also notes that the Opposite Party has only one customer in its kitty which requires more than 1,00,000 SCMD gas and that is SGL/Informant. With the presence of such large companies including some of the „Navratna‟ public sector undertakings of the government of India in the relevant market the Opposite Party, merely on the basis of questionable higher market share (based on the volume and value of sales of gas), the Opposite Party cannot be considered to be in a dominant position in the relevant market. Further, in terms of scale of operation, size, resources and economic power competitors of the Opposite Party are far ahead of the Opposite Party. It is amply clear from the following table that in terms of reserves and surplus, turnover, and total assets of the competitors of the Opposite Party such as GAIL, IOCL, and GSPC are much larger than that of the Opposite Party.
