Rajendra Khare v. Information Systems Audit and Control Association, Inc.
Case brief
What is this about?
The Commission disposed of an information alleging abuse of dominance by ISACA regarding CMMI certification. Finding no prima facie case against discriminatory practices or abuse, the Commission closed the proceedings under Section 26(2).
What did the court decide?
The information filed against the respondent was directed to be closed forthwith.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 42 of 2021
In Re:
Rajendra Khare 29, Pragati Apartments 7, West Enclave, Pitampura Delhi-110034 And
Informant
Information Systems Audit and Control Association, Inc [ISACA, Inc] 1700 East Golf Road, Suite 400 Schaumburg, IL 60173 Illinois, USA CORAM:
Opposite Party
Mr. Ashok Kumar Gupta Chairperson
Ms. Sangeeta Verma Member
Mr. Bhagwant Singh Bishnoi Member
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 (‘ Act ’) by Rajendra Khare (‘ Informant ’) alleging contravention of the provisions of Section 4 of the Act by Information Systems Audit and Control Association, Inc. ( ‘Opposite Party/ISACA Inc ’)
Issues for consideration
3 issues framed by the court
Whether the Competition Commission of India has a prima facie case against the respondent for abusing its dominant position under Section 4 of the Act.
Whether the restrictions imposed by the respondent on its partners and appraisal count constitute discriminatory practices or abuse of dominance.
Whether the Information filed warrants closing the proceedings under Section 26(2) of the Act.
Parties & counsel
- petitioner
Rajendra Khare
- respondent
Information Systems Audit and Control Association, Inc.
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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