Ex ante regulation of the Big Tech in India-Digital Competition Bill,2023- Is it really required as yet ?
CCI, by its order dated November 10, 2
016, has dismissed allegation of abuse of dominance against HP for defective products and spurious spare parts.
In the Information filed by an individual, Dr. S.K. Mittal, who was essentially aggrieved by the alleged conduct of HP in selling a defective, spurious and sub-standard laptop to him and not providing the desired after-sale repair services for the said defective laptop.
The CCI observed that the dispute in question appears to be a purely consumer issue for which the Informant may approach the appropriate forum. It is observed that the allegations of the Informant relate to sale of a defective laptop and deficiency in the provision of after-sale repair services for the said laptop and there is no competition issue involved in the matter.
Nonetheless, the CCI considered that in the relevant market for “laptops including its spares and after-sale services in India.”, even though OP is a major player besides many other leading players such DP, Lenovo, Apple, Sony, Acer, etc. are operating and exert competitive pressure on HP. HP does not enjoy a position of strength required to operate independently of market forces. Therefore, the Commission is of the view that OP does not hold a dominant position in the above said relevant market. In the absence of dominance of HP, the question of abuse of dominant position by it under Section 4 of the Act does not arise at all. The matter has accordingly been closed under Section 26(2) of the Act.
(Source: Order dated November 10, 2016. For full text see CCI website-www.cci.gov.in)
Related posts