Indian Paint & Coating Association v. Kanoria Chemicals & Industries Ltd.
Case brief
What is this about?
The Competition Commission examined an allegation of abuse of dominant position by Kanoria Chemicals regarding Penta in India. Defining the relevant market and analyzing market share data and entry barriers, the Commission found the Respondent not to be dominant. Consequently, the information was closed under Section 26(2).
What did the court decide?
The information filed under Section 19(1)(a) is ordered to be closed forthwith under Section 26(2) of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 42 of 2016
In re:
Indian Paint & Coating Association, Through its President, Mr. Sanjeev Gupta M-190, G.H.K Nagar, Paschim Vihar, New Delhi-110087
Informant
And
Kanoria Chemicals & Industries Limited, ‘Park Plaza’, 71 Park Street, Kolkata-700016
Opposite Party
CORAM
Mr. Devender Kumar Sikri Chairperson
Mr. S. L. Bunker Member
Mr. Sudhir Mital Member
Mr. Augustine Peter Member
Issues for consideration
3 issues framed by the court
Whether the Respondent holds a dominant position in the relevant product market for sale of Penta in India.
Whether the definitions of relevant product and geographic markets and market share data demonstrate dominance.
Whether the allegations of excessive pricing and restriction of market access constitute a contravention of Section 4.
Parties & counsel
- petitioner
Indian Paint & Coating Association
- respondent
Kanoria Chemicals & Industries Limited
Coram
Devender Kumar Sikri
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