The Indian Competition Authority grants interim relief, ordering online travel agencies to re-list hotel properties on certain platforms (MMT-Go / Treebo / FabHotels)

KEY POINTS (i) In deciding applications for interim relief under Section 33 of the Act, CCI must form a higher degree of satisfaction than the prima facie requirements under Section 26(1) of the Act. (ii) Denial of market access need not be complete or absolute in nature to result in an adverse effect on competition within the market; and denial of market access in any manner that takes away freedom from a substitute to compete effectively would amount to denial of market access under the provisions of the Act. BRIEF FACTS Vide an order in Case No. 14 of 2019, dated 28th October 2019, CCI had directed the DG to investigate allegations that MakeMyTrip India Pvt. Ltd. (“MMT”) and Ibibo Group Pvt. Ltd. (“Go-Ibibo”) had abused their dominant position in the market for “online