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No competition issue against Vivo phone as distributor wasn’t restricted from dealing with other brands

June 21, 2019[2019] 106 239 (CCI)

Competition Law : Where informant who was non-exclusive distributor of South Delhi for distribution of mobile handsets of Vivo (OP) filed information alleging contravention of section 3 by OP by restricting online sale of Vivo phones and maintaining Minimum Operation Price (MOP), it was held that Vivo smartphones were adequately available in both offline market as well as on online market like Flipkart, Snapdeal, Amazon, Paytmall, Official Vivo e-store etc. and there was no restriction on informant in dealing with other brands of smartphones and, therefore, there was no competition concern in matter and no case of contravention of section 3(4) by OP was made out

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