Somnath Banerjee And Apex Lab & Others
Case brief
What is this about?
The Competition Commission of India received an information alleging an anti-competitive agreement under Sections 3(1) and 3(4) of the Competition Act, 2002 regarding the non-marketing of a patented dietary supplement. The Commission held that mere solicitation emails did not establish an agreement and commercial decisions should not be intervened in without discernible anti-competitive conduct, c
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. 01 of 2024
In Re:
Somnath Banerjee 133/B, Kankulia Road, Kolkata - 700029
Informant
And
Apex Lab 3rd Floor, Guindy, Chennai – 600032
Neotia Hospital (Unit of Park Hospital) Rawdon Street, Mullick Bazar, Park Street area, Kolkata – 700017
Opposite Party No. 1 Opposite Party No. 2
Anandolok Hospital D.K 73, Salt Lake City, Kolkata – 700009
AMRI Hospital P-4 & 5, Block – A, Gariahat Road, Kolkata-700032
Opposite Party No. 3 Opposite Party No. 4
Issues for consideration
2 issues framed by the court
Whether emails soliciting business for a patented product amount to an agreement under Section 3(4) of the Competition Act, 2002.
Whether non-marketing or refusal to reply to marketing proposals constitutes an anti-competitive agreement causing appreciable adverse effect on competition.
Coram
Ravneet Kaur
Anil Agrawal
Sweta Kakkad
Deepak Anurag
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page
- Order 2
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