M/s Venkateswara Agencies v. Kerala Agro Machinery Corporation Ltd.
Case brief
What is this about?
Informant alleged violation of dealership agreement and abuse of dominance by KAMCO regarding dealer appointments and stock supply. Commission found no anti-competitive concern as agreement allowed appointing more dealers and found no abusive conduct.
What did the court decide?
Information closed; no penalty imposed; no direction to cancel dealerships.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 38 of 2019
In Re:
M/s Venkateswara Agencies, Through, Shri Vattikuti Venkata Srinivas, Proprietor. Office at: 152/1, V.S.N Towers, Ballipadu Road, Attili, West Godavari District, Andhra Pradesh-534134
Informant
And Kerala Agro Machinery Corporation Ltd. Represented by its Managing Director, Athani, Ernakulam District, Kerala-683885.
KAMCO
CORAM:
Mr Ashok Kumar Gupta Chairperson
Ms Sangeeta Verma Member
Mr Bhagwant Singh Bishnoi Member
Order under Section 26(2) of the Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether the appointment of additional dealers by the manufacturer violates the exclusive dealership agreement and constitutes abuse of dominance?
Whether the manufacturer's decision to stop supplying stock to the authorized dealer amounts to unfair prejudice or abuse of dominant position?
Whether the information filed under Section 19(1)(a) prima facie discloses an anti-competitive agreement or abuse of dominance under Section 4?
Parties & counsel
- petitioner
M/s Venkateswara Agencies
- respondent
Kerala Agro Machinery Corporation Ltd.
Coram
Ashok Kumar Gupta
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