01/2015
Case brief
What is this about?
The Competition Commission of India examined information alleging anti-competitive practices by CRISIL regarding entry of a new credit rating agency. The Commission found the allegations generic without specific data or prima facie evidence of contravention, thus closing the case.
What did the court decide?
The information was ordered to be closed forthwith as no case is made out for contravention of Section 4 of the Act.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA Case No. 95 of 2014
In Re:
Brickwork Ratings India Private Limited Informant
And
1. CRISIL Limited, A Standard & Poor’s Company Opposite Party No. 1
2. S&P India LLC, USA Opposite Party No. 2
CORAM
Mr. Ashok Chawla Chairperson
Mr. S. L. Bunker Member
Mr. Sudhir Mital Member
Mr. Augustine Peter Member
Mr. U. C. Nahta Member
Issues for consideration
3 issues framed by the court
Whether the allegations of dominance by CRISIL and abuse of dominant position satisfy prima facie threshold under section 4 of the Competition Act, 2002.
Whether the additional information filed by the Informant establishes concrete evidence of predatory pricing or exclusionary conduct.
Whether the information filed under section 19(1)(a) warrants initiation of proceedings under section 26 of the Act.
Coram
Ashok Chawla
S. L. Bunker
Sudhir Mital
Augustine Peter
U. C. Nahta
Case details
As recorded by the court registry
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