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‘OPPO’ didn’t abuse its dominant position due to presence of other players in market: CCI

December 24, 2018[2018] 100 342 (CCI)

Competition Act: Where OP 'OPPO' had entered into a sub-distributorship agreement with Informant and informant alleged that on claiming of outstanding dues, OP had sought to terminate said agreement on ground of violation of different clauses of agreement and according to it said clauses were anti-competitive in view of fact that impugned clauses neither created any barriers to entry in market, nor drive existing competitors out of market, clauses of said agreement could not be said to be anti-competitive

Competition Act: Where Samsung and Xiaomi had market shares of 24.07 per cent and 20.9 per cent respectively in relevant market i.e market for smart phones in India, while OPPO had a market share of only 7.5 per cent, OPPO was not dominant in relevant market, and, thus, in absence of dominant position question of abuse of dominance did not arise

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