Xyz v. Shri Hiralal Sharma
Case brief
What is this about?
The Competition Commission of India examined an allegation that an engineering college abused its dominant position by inducement strategies. The Commission defined the relevant market and concluded the applicant held no dominant position, dismissing the complaint.
What did the court decide?
Order closed under Section 26(2) of the Act with no case of contravention of Section 4 made out.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 92 of 2014
In Re: XYZ….. Informant And
Shri Hiralal Sharma, Chairman, Ferozepur College of Engineering & Technology, Ferozeshah District, Ferozepur, Punjab. Opposite Party
CORAM
Mr. Ashok Chawla Chairperson Mr. Mr. S. L Bunker Member Mr. Augustine Peter Member
Mr. U. C. Nahta Member
C. No. 92 of 2014
Page 1 of 5
Order under Section 26(2) of the Competition Act, 2002
- The present information was filed under section 19(1)(a) of the Competition Act, 2002 (the “ Act ”) by the Informant against Ferozepur College of Engineering & Technology (hereinafter referred to as the “ Opposite Party/OP ”) alleging contravention of the provisions of Section 4 of the Act.
Issues for consideration
3 issues framed by the court
Whether there is a prima facie case of abuse of dominant position under Section 4 of the Competition Act, 2002.
Whether the Competitor occupies a dominant position in the market for engineering and technology education.
Whether the act of inducing students to switch colleges constitutes an abuse of dominant position.
Parties & counsel
- petitioner
XYZ
- respondent
Shri Hiralal Sharma
Coram
Ashok Chawla
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