M/s Kiran Enterprise v. M/s Abbott Healthcare Pvt. Ltd.
Case brief
What is this about?
The Competition Commission closed the case filed by a pharmaceutical wholesaler against M/s Abbott Healthcare, finding no prima facie case of contravention under Sections 3 and 4 of the Competition Act, 2002, as the refusal to supply was based on commercial grounds and sufficient market distribution.
What did the court decide?
The matter was closed under Section 26(2) of the Competition Act, 2002 for lack of prima facie case of contravention of Sections 3 and 4.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 91 of 2016
In Re:
M/s Kiran Enterprise 1730, Shop No.7, Block No. VI, 2nd Floor, Ram Gali, Bhagirath Place, Informant Delhi- 110 006
And
M/s Abbott Healthcare Pvt. Ltd. D-Mart Building, Goregaon Mulund Link Road, Mulund West, Mumbai- 400 080 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
Issues for consideration
3 issues framed by the court
Whether a pharmaceutical company's refusal to supply to a specific wholesaler, citing existing distribution networks and stock availability, constitutes an abuse of dominant position or anti-competiti
Whether the refusal to supply was based on No Objection Certificates from chemists' associations, which would contravene specific provisions of the Act.
Whether there is sufficient prima facie evidence to maintain an inquiry regarding contravention of Sections 3 and 4 of the Competition Act.
Coram
Devender Kumar Sikri
S. L. Bunker
Sudhir Mital
Augustine Peter
U. C. Nahta
Case details
As recorded by the court registry
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