Mr. Kalyan Chowdhary v. Cipla Limited. & Other
Case brief
What is this about?
The Commission rejected the Informant's allegations that OP1 and OP2 violated Sections 3 and 4 of the Competition Act. It found the claim of supply stalling unsubstantiated as OP1 continued business based on payment terms. Consequently, no contravention was made out and the case was closed.
What did the court decide?
No relief granted. The case was ordered to be closed forthwith as no contravention was made out.
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. 43 of 2018
In Re:
Mr. Kalyan Chowdhary 3, Mohishila Colony, Asansol Post Office: Asansol 3, Burdwan, West Bengal. Informant
And Cipla Limited Peninsula Business Park, Ganpatro Kadam Marg, Lower Parel, Mumbai, Maharashtra. Opposite Party No. 1 Bengal Chemist and Druggists Association 1st Floor,12 Bonfield Lane, Kolkata,West Bengal. Opposite Party No. 2 Present: For Informant: Informant-in-Person For OP-1: Mr. Avinash Amarnath, Advocate For OP-2: Mr. Nakul Mohta, Advocate; Mr. Lalit Mohan, Advocate
CORAM
Mr. Ashok Kumar Gupta Chairperson
Mr. U. C. Nahta Member
Ms. Sangeeta Verma Member
Case No. 43 of 2018
1
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to direaction under Section 26(2) for contravention of Section 3 regarding restrictive trade practices.
Whether the opposite parties violated Section 4 by abusing dominant position to stifle supply of medicines.
Parties & counsel
- petitioner
Mr. Kalyan Chowdhary
- respondent
Cipla Limited
- respondent
Bengal Chemist and Druggists Association
Coram
Case details
As recorded by the court registry
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