Mr. Rohit Arora v. Zomato Private Limited (now Zomato Limited)
Case brief
What is this about?
The Commission dismissed an information alleging Zomato abused its dominant position through unfair delivery charges and tie-in arrangements. Finding no prima facie case of dominance or contravention, the Commission closed the investigation under Section 26(2) of the Act. An ancillary application for third-party information was rejected, and a confidentiality request was partially upheld.
What did the court decide?
The information is directed to be closed forthwith. Confidentiality of Zomato's response documents is allowed for three years under Section 57 of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 54 of 2020
In Re: Mr. Rohit Arora, Advocate, D-80, Block D, East Vinod Nagar, Delhi – 110091 Informant And Zomato Private Limited (now Zomato Limited) GF-12A, 94 Meghdoot, Nehru Place, New Delhi – 110019 Opposite Party 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
- The present Information has been filed by Mr. Rohit Arora (hereinafter, “ Informant ”) under Section 19(1)(a) of the Competition Act, 2002 (hereinafter, the “ Act ”) against Zomato Private Limited (hereinafter, “ OP ” / “ Zomato ”) alleging contravention of provisions of Sections 3(4) and 4 of the Act.
- The Informant is stated to be a consumer of Zomato for long and has been ordering regularly from its platform since 2018.
Case No. 54 of 2020
Page 1 of 20
Issues for consideration
3 issues framed by the court
Whether Zomato holds a dominant position in the relevant markets of online food ordering and food delivery services.
Whether Zomato's conduct constitutes abuse of dominant position under Section 4 of the Competition Act.
Whether Zomato's bundling of online food ordering with food delivery services amounts to a contravention of Section 3(4) due to tie-in arrangements.
Parties & counsel
- petitioner
Mr. Rohit Arora
- respondent
Zomato Private Limited
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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