Devendra Nath And M3M India Private Limited
Case brief
What is this about?
The Competition Commission of India rejected an Information alleging abuse of dominant position by M3M India Pvt. Ltd. regarding construction of an extra tower. The Commission held the enterprise did not hold a dominant position in the relevant market in Gurgaon and Section 3(4) was inapplicable. The matter was closed under Section 26(2).
What did the court decide?
The Information was directed to be closed forthwith in terms of Section 26(2) of the Act as no prima facie case of contravention exists.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA Case No. 02 of 2023
In Re:
Devendra Nath 15, Block H-16, Bapa Nagar, Karol Bagh - 110005
Informant
And
M3M India Private Limited Unit No. SBIC/5L/ Office/ 008, M3M Urbana, Sector-67, Gurugram, Manesar Urban Complex, Gurugram - 122001
Opposite Party
CORAM:
Ms. Ravneet Kaur Chairperson
Ms. Sangeeta Verma Member
Mr. Bhagwant Singh Bishnoi Member
Order under Section 26(2) of the Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether the Opposite Party enjoys a dominant position in the market for provision of services of development and sale of residential flats in Gurgaon.
Whether the construction of an additional tower without resident consent constitutes abuse of dominant position under Section 4 of the Act.
Whether Section 3(4) of the Competition Act, 2002 applies to the facts of the case.
Parties & counsel
- petitioner
Devendra Nath
- respondent
M3M India Private Limited
Coram
Ravneet Kaur
Case details
As recorded by the court registry
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