M/s Rajarhat Welfare Association & Ors. v. Dlf Commercial Complexes Ltd. & Ors.
Case brief
What is this about?
The Competition Commission of India dismissed an information regarding alleged abuse of dominant position and imposition of unfair conditions. The Commission opined that no prima facie case was made out as the allegations failed to establish DLF's dominant position in the Kolkata market.
What did the court decide?
Proceedings under Section 26(2) of the Competition Act, 2002 closed; no reference to Director General made.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 10 of 2011
Dated: 25.05.2011
M/s Rajarhat Welfare Association & Anr. Informants
v.
DLF Commercial Complexes Ltd. & Ors. Opposite Parties
Order under section 26 (2) of the Competition Act, 2002
The present information has been filed under section 19(1) (a) of the Competition Act, 2002 (‘the Act’) by M/s Rajarhat Welfare Association (‘the informant No.1’) and Shri Rajendra Kumar Vidhawan (‘the informant No.2’) on 04.03.2011 against M/s DLF Commercial Complexes Ltd. (‘the opposite party No.1’) and others alleging, inter alia , abuse of dominant position in contravention of the provisions of section 4 of the Act.
- The facts as stated in the information, in brief, are as under:
1
2.1 The informant No.1 is a society registered under the West Bengal Societies Registration Act, 1961 and is stated to be constituted for the welfare of its members who are intending purchasers of commercial units in different multi-storied projects in the Rajarhat area. The informant No.2 is stated to be the president of the informant association.
Issues for consideration
3 issues framed by the court
Whether DLF held a dominant position in the relevant market for commercial retail space in Kolkata.
Whether DLF violated Section 4 of the Competition Act, 2002 by abusing its alleged dominant position through unfair trade practices.
Whether there were prima facie grounds for a reference to the Director General under the Competition Act, 2002.
Parties & counsel
- petitioner
M/s Rajarhat Welfare Association
- respondent
DLF Commercial Complexes Ltd.
Coram
Member (G)
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