M/s Mukesh Brothers v. Jaguar & Co. Pvt. Ltd. & others
Case brief
What is this about?
In this information filed under the Competition Act, 2002, the Commission analyzed allegations of anti-competitive agreements and abuse of dominant position by Jaguar & Co. The Bench noted the absence of material substantiating the allegations, found no restriction on consumer choice, determined the relevant market as branded sanitary ware in India, and concluded that OP 1 does not hold a dominant
What did the court decide?
The matter is closed under the provisions of section 26(2) of the Act, the Secretary is directed to inform the parties.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 44 of 2015
In Re
M/s Mukesh Brothers, Partnership Firm, Through Shri Mukesh Kumar Saini 50-51, New Sanganer Road, Near Vivek Vihar Metro Station, Sodala, Jaipur Informant And Jaguar & Co. Pvt. Ltd. 306, Udyog Bhawan, Phase-II, Gurgaon, Haryana Opposite Party No. 1 Jaguar & Co. Ltd. SP-53, RllCO Industrial Area, Distt.- Alwar- Bhiwadi, Rajasthan Opposite Party No. 2 M/s Agrawal Sanitary and Electric Teen Dukan, Dher ka Balaji, Siker Road, Jaipur Opposite Party No. 3 M/s Shivshakti Trading Company Sultan Nagar, Gurjar ki Thadi, Gopalpura Bypass, Jaipur Opposite Party No. 4 Aditya Retail Pvt. Ltd. 129, New Atish market, Gopalpura Bypass, Jaipur Opposite Party No. 5
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Case No. 44 of 2015
M/s Ghodela Bath Collection Plot No.66, Shiv Nagar, Murlipura Scheme, Jaipur Opposite Party No. 6
M/s S & S Enterprises G-1/2, Ganesham Apartment, Khatipura Road, Jaipur Opposite Party No. 7 M/s Kalkatta Sanitary Store 40, Tripoliya Bazar, Jaipur Opposite Party No. 8 Rajendra & Company D-29, Subhash Marg, C-Scheme, Jaipur Opposite Party No. 9 M/s Vaishali Traders E-796, Amarpali Circle, Jaipur Opposite Party No. 10 M/s Bath and Tiles D-29, Subhash Marg, C-Scheme, Jaipur Opposite Party No. 11 M/s Rahul Dek Home Chitranjan Marg, C-Scheme, Jaipur Opposite Party No. 12 M/s Girraj Tapes and Tiles SBBJ Bank, Tonk Road, Durgapura, Jaipur Opposite Party No. 13 M/s Agrawal Sanitation, 14-15, Brijvatika, Goner Road, Jagatpura, Jaipur. Opposite Party No. 14
Issues for consideration
3 issues framed by the court
Whether the alleged refusal to appoint as a dealer and restriction of supply by_OP 1 and its dealers constitutes a contravention of section 3 of the Competition Act, 2002.
Whether OP 1 holds a dominant position in the market for branded sanitary ware and bathroom fittings in India such that its conduct violates section 4 of the Act.
Whether the allegations against OPs prima facie disclose a contravention of sections 3 and 4 requiring inquiry under section 26(2) of the Competition Act, 2002.
Parties & counsel
- petitioner
M/s Mukesh Brothers
- respondent
Jaguar & Co. Pvt. Ltd.
- respondent
Jaguar & Co. Ltd.
- respondent
M/s Agrawal Sanitary and Electric
- respondent
M/s Shivshakti Trading Company
- respondent
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