Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
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The Competition Commission of India (CCI) examined whether Indian Rare Earths Limited (IREL), a public sector undertaking, contravened Section 4 of the Competition Act, 2002, by abusing its dominant position in the market for mining and supply of Beach Sand Sillimanite in India. CCI held that IREL is an 'enterprise' under the Act and the relevant geographic market is India. Despite IREL's high market share, CCI found no evidence of excessive or discriminatory pricing by IREL in violation of Sections 4(2)(a)(ii) and 4(2)(a)(i) respectively. CCI observed that differential pricing based on quantity, customer relationships, and assured offtake is a normal business practice. Consequently, CCI concluded that IREL did not contravene the provisions of Section 4 and directed the matter to be closed, while addressing confidentiality requests from parties.
The Competition Commission of India (CCI) examined whether Indian Rare Earths Limited (IREL), a public sector undertaking, contravened Section 4 of the Competition Act, 2002, by abusing its dominant position in the market for mining and supply of Beach Sand Sillimanite in India. CCI held that IREL is an 'enterprise' under the Act and the relevant geographic market is India. Despite IREL's high market share, CCI found no evidence of excessive or discriminatory pricing by IREL in violation of Sections 4(2)(a)(ii) and 4(2)(a)(i) respectively. CCI observed that differential pricing based on quantity, customer relationships, and assured offtake is a normal business practice. Consequently, CCI concluded that IREL did not contravene the provisions of Section 4 and directed the matter to be closed, while addressing confidentiality requests from parties.
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