https://www.taxtmi.com/caselaws?id=221177 A public authority's reclassification of commodities and revision of freight, when exercised under a statutory power, did not by itself establish a prima facie abuse of dominant position. The Commission held that the impugned instructions were uniformly applicable and formed part of the statutory function of fixing and revising freight; on the material before it, no prima facie contravention of the Competition Act, 2002 was made out and no investigation was warranted. A dissenting member considered the rail freight market to be dominated by the railway enterprise and treated the end-use based freight differentiation as prima facie unfair and discriminatory. The majority view prevailed and the complaint was closed at the threshold. en-us Thu, 13 Dec 2012 00:00:00 +0530 Thu, 21 Feb 2013 15:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=221177 A public authority's reclassification of commodities and revision of freight, when exercised under a statutory power, did not by itself establish a prima facie abuse of dominant position. The Commission held that the impugned instructions were uniformly applicable and formed part of the statutory function of fixing and revising freight; on the material before it, no prima facie contravention of the Competition Act, 2002 was made out and no investigation was warranted. A dissenting member considered the rail freight market to be dominated by the railway enterprise and treated the end-use based freight differentiation as prima facie unfair and discriminatory. The majority view prevailed and the complaint was closed at the threshold. Case-Laws Law of Competition Thu, 13 Dec 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=221177