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OP didn't abuse dominant position as it didn't have any incentive to influence the relevant market: CCI

February 2, 2019[2019] 101 369 (CCI)

Competition Act: Where OP2 procured condoms from informant for social objectives and it did not have any incentive to influence relevant market in its favour, OP2 could not be considered dominant in relevant market i.e. market for male condoms in India

Competition Act: Where OP2 entered into an agreement with informant for procurement of condoms and informant alleged that printing and packing requirements in agreement were anti-competitive as it ensured that such product could not be sold to any customer other than OP2, in view of fact that said requirement neither restricted informant from dealing in goods other than those of OP2 nor imposed any restriction on informant to sell its goods to any buyer other than OP2, no case of contravention of provision of section 3 was made out against OP2

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