The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s decision that a company mandating a party to sign an agreement which contains unfair and restrictive clauses is tantamount to abuse of its dominance (Verifone)

Introduction The National Company Law Appellate Tribunal (NCLAT) by way of its common order dated 13 March 2020 dismissed two appeals preferred by M/s Verifone India Sales Pvt Ltd. (Appellant/ OP 1/ Verifone) against two separate orders passed by the Competition Commission of India (CCI). Information 1 M/s Atos Wordline India Pvt. Ltd. (Atos) filed an information under Section 19(1)(a) of the Competition Act, 2002 (Act) against Verifone and M/s Verifone System Inc (OP 2) alleging abuse of dominance in contravention of Section 4 of the Act (Information 1). Atos is an information technology services company operating in the areas of hi-tech transactional services and system integration and management services. Atos informed that OP 1/ Appellant is a leading supplier of Point of Sale

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Nandish Patil, Suchitra Kumbhat, The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s decision that a company mandating a party to sign an agreement which contains unfair and restrictive clauses is tantamount to abuse of its dominance (Verifone), 13 March 2020, e-Competitions March 2020, Art. N° 94934

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