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No abuse of dominance by OP-company due to presence of other players in market: CCI

November 21, 2018[2018] 99 114 (CCI)

Competition Act: Where informant Association alleged that OP, trader and distributor of mobile handsets under brand name 'VIVO' had entered into a distributorship agreement with its members and clauses in said agreement were causing appreciable adverse effect on competition, but it failed to provide any evidence to prove its allegation, no contravention of provisions of section 3 was made out against OP1

Competition Act: Where apart from OP there were several smartphone manufacturers were operating in relevant market and brand share of OP in Indian market was less than other competitors, OP was not dominant in relevant market and therefore, no case of contravention of section 4 was made out against OP

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