2019 (9) TMI 520

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Singh, Adv. And Mr. Shankar Naryanan, Adv. JUDGMENT R. F. NARIMAN, J. Having heard lengthy arguments of Shri Dhruv Mehta, learned senior counsel appearing for the appellant, and Shri Raju Ramchandran, learned senior counsel appearing on behalf of the respondent, we are of the view that interference in these appeals is not called for. The only reason we do so is because we were shown, as part of information that was provided, the following statement: "23. Uber's discount and incentive offered to consumer pale in comparison with the fidelity inducing discounts offered to drivers to keep them attached on its network to the exclusion of other market players. Uber pays drivers/car owners attached on its network unreasonably....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (204)   In light of the abovementioned statement, it can be seen that Uber was losing Rs. 204 per trip in respect of the every trip made by the cars of the fleet owners, which does not make any economic sense other than pointing to Uber's intent to eliminate competition in the market. Copies of the statements of aforesaid fleet owners' along with a summary for the period June 1 to June 28,2015 is annexed herewith as Annexure A-15 Colly." Based on this information alone, we are of the view that it would be very difficult to say that there is no prima facie case under Section 26(1) as to infringement of Section 4 of the Competition Act, 2002. Section 4 is set out hereinbelow: 4. Abuse of dominant posi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Explanation.-For the purposes of this section, the expression- (a) "dominant position" means a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to- (i) operate independently of competitive forces prevailing in the relevant market; or (ii) affect its competitors or consumers or the relevant market in its favour; (b) "predatory price" means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision of services, with a view to reduce competition or eliminate the competitors. (c)"group" shall have the same meaning as assigned to it in clause (b) of the ....