Prashant Properties Pvt. Limited v. Sps Steels Rolling Mills Ltd. and others
Case brief
What is this about?
Informant alleged abuse of dominant position by new management of an insolvent firm issuing a public notice to halt trade mark use. Commission held no competition concern as the underlying right was extinguished by IBC resolution.
What did the court decide?
No investigation or penalty ordered; information closed forthwith against the opposite parties.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 17 of 2020
In Re:
Prashant Properties Pvt. Limited 04th Floor, 59B, Chowringhee Road, Kolkata-700020
Informant
And
SPS Steels Rolling Mills Ltd. , Diamond Heritage, 16, Strand Road, Room No-H 523 A, 5TH Floor, Kolkata - 700019
Opposite Party No. 1
Shakambhari Ispat & Power Limited, Room No. 801, 8th Floor, Diamond Prestige, 41A, AJC Bose Road, Kolkata – 700017
Opposite Party No. 2
Shri Deepak Kumar Agarwal , Managing Director, SPS Steels Rolling Mills Ltd., Diamond Heritage, 16, Strand Road, Room No-H 523 A, 5TH Floor, Kolkata - 700019
Issues for consideration
3 issues framed by the court
Whether a public notice threatening prosecution by a company acquiring another under IBC amounts to an abuse of dominant position under Section 4 of the Competition Act.
Whether the Competition Commission should investigate when the underlying agreement is potentially voided by insolvency resolution.
Whether the Commission can define a relevant market when the informant's legal right to use the trademark is extinguished by IBC proceedings.
Parties & counsel
- petitioner
Prashant Properties Pvt. Limited
- respondent
SPS Steels Rolling Mills Ltd.
- respondent
Shakambhari Ispat & Power Limited
- respondent
Shri Deepak Kumar Agarwal
- respondent
Shri Ramabatar Agarwal
- respondent
Case details
As recorded by the court registry
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