Shri Vivek Chandra v. Jaiprakash Associates Limited
Case brief
What is this about?
The Competition Commission of India examined a complaint regarding unfair conditions imposed by Jaiprakash Associates Limited in a residential project. The majority held the relevant market covers integrated townships in Noida and Greater Noida, found prima facie dominance, and directed an investigation. Two members dissented.
What did the court decide?
The Commission directed the Director General to cause an investigation to be made and completed within 60 days.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 62 of 2015
In Re:
Shri Vivek Chandra Informant And
Jaiprakash Associates Limited Opposite Party CORAM Mr. Devender Kumar Sikri Chairperson Mr. S. L. Bunker Member Mr. Sudhir Mital Member Mr. Augustine Peter Member Mr. U. C. Nahta Member Dr. M. S. Sahoo Member Justice G. P. Mittal Member
Appearances: Shri Rajesh Kumar, Advocate for the Informant.
Shri Karan Chandhiok and Ms. Kalyani Singh, Advocates alongwith Shri R. L. Batta, Jt. President (Legal) for the Opposite Party.
C. No. 62 of 2015 Page 1 of 12
Order under Section 26(1) of the Competition Act, 2002
- The present information has been filed by Shri Vivek Chandra (‘the Informant’) under Section 19(1) (a) of the Competition Act, 2002 (‘the Act’) against M/s Jaiprakash Associates Limited (‘the Opposite Party’), alleging inter alia contravention of the provisions of Section 4 of the Act.
Issues for consideration
3 issues framed by the court
Whether the relevant market is provision of services for development and sale of residential units in integrated townships in Noida and Greater Noida or residential apartments in Noida and Greater Noi
Whether the opposite party enjoys a dominant position in the identified relevant market.
Whether the unfair stipulation in the No Objection Certificate constitutes an abuse of dominant position under Section 4 of the Competition Act, 2002.
Parties & counsel
- applicant
Vivek Chandra
- respondent
Jaiprakash Associates Limited
Coram
Devender Kumar Sikri
Case details
As recorded by the court registry
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