The Indian Competition Authority dismisses a complaint against two regional development authorities and clarifies that a statutory body exercising economic functions cannot be guilty of abuse of dominance for policy-making decisions which apply equally to all market participants (Greater Noida Industrial Development Authority / New Okhla Industrial Development Authority)

KEY POINTS A statutory body exercising economic functions can not be said to have abused its dominant position in a particular relevant market for any decisions taken as part of the policy-making process, which apply equally to all market participants. BRIEF FACTS Three separate informations were filed by the Confederation of Real Estate Developers Association of India - Western Utility Promoters, Supertech Ltd., and one undisclosed informant (“Informants”) against Greater Noida Industrial Development Authority (“GNIDA”) and New Okhla Industrial Development Authority (“NOIDA”) for violation of the provisions of Section 4 of the Act. GNIDA is the sole/nodal authority responsible for the development of the Greater Noida region, established under the UP Industrial Area Development Act, 1976.

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Neelambera Sandeepan, Charanya Lakshmikumaran, Rishabh Chopra, L. Badri Narayanan, Aditya Bhattacharya, The Indian Competition Authority dismisses a complaint against two regional development authorities and clarifies that a statutory body exercising economic functions cannot be guilty of abuse of dominance for policy-making decisions which apply equally to all market participants (Greater Noida Industrial Development Authority / New Okhla Industrial Development Authority), 4 May 2021, e-Competitions May 2021, Art. N° 102527

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