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    <title>2018 (8) TMI 2146 - COMPETITION COMMISSION OF INDIA</title>
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    <description>A finding of abuse under Section 4 of the Competition Act, 2002 depends first on proof of dominance in the correctly defined relevant market. The relevant product market was limited to services for development and sale of residential apartments in Gurgaon, as apartments were not interchangeable with villas, plots or independent floors from the consumer perspective. The relevant geographic market was Gurgaon, not the wider NCR, because competitive conditions, regulation, infrastructure and consumer preferences differed across surrounding cities. On the evidence, the market was fragmented and dynamic, and the opposite party group lacked the ability to operate independently of competitive forces; accordingly, it was not dominant and no contravention was established.</description>
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      <link>https://www.taxtmi.com/caselaws?id=312235</link>
      <description>A finding of abuse under Section 4 of the Competition Act, 2002 depends first on proof of dominance in the correctly defined relevant market. The relevant product market was limited to services for development and sale of residential apartments in Gurgaon, as apartments were not interchangeable with villas, plots or independent floors from the consumer perspective. The relevant geographic market was Gurgaon, not the wider NCR, because competitive conditions, regulation, infrastructure and consumer preferences differed across surrounding cities. On the evidence, the market was fragmented and dynamic, and the opposite party group lacked the ability to operate independently of competitive forces; accordingly, it was not dominant and no contravention was established.</description>
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