Consumer Unity & Trust Society v. Pvr Limited and Another.
Case brief
What is this about?
In Re Consumer Unity & Trust Society v. PVR Limited, the Competition Commission of India dismissed an information filed regarding a proposed merger between PVR and INOX. The Commission held that there was no prima facie case for investigation under Sections 3 and 4 as the prohibition targets conduct, not dominance or apprehension of future anti-competitive behavior involving a non-existent entity.
What did the court decide?
The Information filed by the Informant was directed to be closed forthwith against the Opposite Parties under Section 26(2) of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 29 of 2022
In Re:
Consumer Unity & Trust Society
Informant
D - 217, Bhaskar Marg, Bani Park, Jaipur - 302016, Rajasthan
And
PVR Limited
Opposite Party No. 1
61, Basant Lok, Vasant Vihar, New Delhi - 110057
INOX Leisure Limited
Opposite Party No. 2
Issues for consideration
3 issues framed by the court
Whether apprehension of Appreciable Adverse Effect on Competition by a proposed merged entity that does not yet exist warrants investigation under Section 3 or 4 of the Act.
Whether mere existence of a dominant position without prima facie evidence of abuse constitutes an anti-competitive conduct under the Competition Act.
Whether affidavits filed by the Informant satisfy the threshold for initiating an investigation under Section 26(2) of the Competition Act.
Parties & counsel
- petitioner
Consumer Unity & Trust Society
- respondent
PVR Limited
- respondent
INOX Leisure Limited
Coram
Case details
As recorded by the court registry
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