Abuse of Dominant Position and the Bumpy Predatory Pricing Ride for Ola and Uber:
The Competition Commission of India has in past intervened in various sectors in order to promote the objectives of the Competition Act, 2002 thereby ensuring fair competition, however, with the rapid evolution of internet space and advent of taxi hailing service apps industry in India, the challenges faced by the Competition Commission of India have been on a rise..
‘OLA’ and ‘Taxi for Sure’ are not in Dominant Position in the Radio Taxi Service & Auto Rikshaws Market in Delhi:
Section 4 of the Competition Act, 2002 prohibits abuse of dominant position by any enterprise or group. The CCI held that where various other players were also operating in two relevant markets of ‘provision of Radio Taxi Services in Delhi’ and ‘provision of auto rickshaw services in Delhi’ in which the Opposite Party provided its services to riders through various radio taxis and auto-rickshaws registered on its network, OP was not dominant in relevant markets and, thus, question of abuse of dominant position did not arise..
Vertical Restraints on Trade in Competition Law:
The agreements and the consequent likely restraints on trade, in competition law can be of two types: Horizontal and Vertical. Any restraints on trade in horizontal agreements resulting in an anticompettive outcomes enumerated in sub-section (3) of Section 3 of the Act shall be presumed causing an Appreciable Adverse Effect on Competition (AAEC)..
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