Mr. Makarand Anant Mhaskar v. Usv Private Limited & Other
Case brief
What is this about?
The Competition Commission of India disposed of an information alleging anti-competitive practices by a pharmaceutical company. Finding the applicant failed to substantiate the dominant position of the respondent, the Commission held no prima facie case was made out and closed the information.
What did the court decide?
The information filed was closed forthwith under Section 26(2) of the Act as no prima facie case existed.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 42 of 2019
In Re: Mr. Makarand Anant Mhaskar Informant (Sole Proprietor of M/s Welcome Agencies) 5/97, Opp. Union Bank of India, Bazarpeth, AT/P Kankavli, Dist. Sindhudurg, Maharashtra-416602 And USV Private Limited, USV Arvind Vithal Ghandi Chowk, BSD Marg, Govandi, Mumbai-400088 Kundan Pharmacon (C&F Agent), Kundan Gate No. 1104, 1st Floor, 10th Mile, Pune-Saswad Road, A/P Wadki, Pune-412308
CORAM: Mr Ashok Kumar Gupta Chairperson Ms Sangeeta Verma Member
Mr Bhagwant Singh Bishnoi Member
Case No.42 of 2019
1
Order under Section 26(2) of the Competition Act, 2002
- The instant case has been filed by Mr. Makarand Anant Mhaskar ( “Informant” ) under Section 19(1)(a) of the Competition Act, 2002 ( “Act” ) against USV Private Limited ( “USV” ) and its C&F Agent, Kundan Pharmacon ( “Kundan” ) alleging contravention of the provisions of Section 4 of the Act.
- As stated in the information, the Informant is a pharmaceutical wholesaler who had placed an order for purchase of drugs from USV on 31.07.2019. Kundan vide its letter dated 06.08.2019, confirmed receipt of the said order of the Informant along with documents and demand draft.
Issues for consideration
2 issues framed by the court
Whether the Commission has prima facie case against USV for imposing unfair conditions under Section 4 of the Act.
Whether the applicant has substantiated that USV enjoys a dominant position in the relevant market.
Parties & counsel
- applicant
Mr. Makarand Anant Mhaskar
- respondent
USV Private Limited
- respondent
Kundan Pharmacon
Coram
Case details
As recorded by the court registry
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