The Indian Competition Authority dismisses antitrust complaint against a paint manufacturer because simply filing a criminal complaint against its competitor is not considered abuse of dominance (Asian Paints)

Sandeepan, Neelambera; Lakshmikumaran, Charanya; Chopra, Rishabh; Narayanan, L. Badri; Bhattacharya, Aditya

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12 Apr 2021

The Indian Competition Authority dismisses antitrust complaint against a paint manufacturer because simply filing a criminal complaint against its competitor is not considered abuse of dominance (Asian Paints)

KEYWORDS

Reference

Indian Competition Authority, Asian Paints, Case No. 53 of 2020, 12 April 2021

KEY POINTS Filing a criminal complaint against another enterprise in the same sector cannot be said to have been done with a view to oust competition from the relevant market in the absence of any additional evidence to indicate contraventions of Section 3 and/or 4 of the Act. BRIEF FACTS The information was filed by one Mr. S. Kannan (“Informant”) against (i)

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Authors

Neelambera Sandeepan
Lakshmikumaran & Sridharan (New Delhi)

India 92 contributions 9306 visits
Charanya Lakshmikumaran
Lakshmikumaran & Sridharan (New Delhi)

India 92 contributions 9255 visits
Rishabh Chopra
Vahura (New Delhi)

India 59 contributions 4806 visits
L. Badri Narayanan
Lakshmikumaran & Sridharan (New Delhi)

India 84 contributions 7506 visits
Aditya Bhattacharya
Agriya - Chambers of Law (New Delhi)

India 76 contributions 6332 visits

Quotation

Neelambera Sandeepan, Charanya Lakshmikumaran, Rishabh Chopra, L. Badri Narayanan, Aditya Bhattacharya, The Indian Competition Authority dismisses antitrust complaint against a paint manufacturer because simply filing a criminal complaint against its competitor is not considered abuse of dominance (Asian Paints), 12 April 2021, e-Competitions Burden of proof, Art. N° 102427

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