The Indian Competition Authority finds no abuse of dominance in long-term contracts by dominant firm because plaintiffs had the option of shorter contracts (GAIL India)

CCI finds no abuse of dominance by GAIL in enforcing one-sided clauses in long-term supply contracts in the natural gas market* The CCI by way of order dated November 8, 2018 exonerated GAIL (India) Ltd (of allegations of abusing its dominant position in the Re-gasified Liquified Natural Gas (RLNG) market by imposing unfair and one sided conditions in the Gas Supply Agreements (GSA) signed with seven different companies. The main allegations pertained to the imposition of the ‘take or pay liability’ (ToP) clause and terms of the ‘Letter of Credit’ (LC) in the GSA agreement which were allegedly one sided and biased. The relevant product market as defined by the DG was the market for “supply and distribution of natural

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Vaish Associates, Advocates (New Delhi)

Quotation

Man Mohan Sharma, The Indian Competition Authority finds no abuse of dominance in long-term contracts by dominant firm because plaintiffs had the option of shorter contracts (GAIL India), 8 November 2018, e-Competitions Bulletin November 2018, Art. N° 89483

Visites 15

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues