The CCI by its order dated August 31, 2016 has dismissed allegation of abuse of dominant position through predatory by Ola Cabs and Taxi For Sure operator ANI Technologies Pvt. Ltd.
The Information was filed by three individuals plying auto-rickshaw in NCR region. It was alleged that ANI is driving out competitors in the market for para-transit services- i.e., market for auto-rickshaw and taxi services- in NCR by paying more money to drivers than it collects from passengers.
The CCI noted that in the two relevant markets for that of radio taxis and auto rickshaws in New Delhi, ANI was not a dominant enterprise as there exists stiff competition between Ola and Uber in providing radio taxi services in New Delhi. Similarly, in provision of auto-rickshaw services, ANI’s market share is less than 20% in New Delhi.
The CCI concluded that the ANI is not dominant in either of the relevant markets and hence no allegation of abuse of dominance can be made against them.
(Source: Order dated August 31, 2016. For full text see CCI website-www.cci.gov.in)
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M M SHARMA
Comdt. (Retd.) M. M. Sharma heads the Competition Law & Policy team in VA since 2009 and has over 30 years’ experience as an Advocate of Delhi High Court and holds a Post Graduate Diploma in Economics of Competition Law from Kings College, London. He has worked in the Competition Commission of India (CCI) as Additional Registrar during 2006-2008 and was responsible for drafting the Implementing Regulations under the Competition Act, 2002. He has experience of working as Head-Legal /In-house Counsel for a large Corporate Group in the Steel and Power sector before joining VA in 2009. He has represented clients as an independent arguing Counsel in landmark cases decided by CCI, the Competition Appellate Tribunal (COMPAT) , High Courts and the Supreme Court. As a prolific writer, he contributes articles and is regularly quoted on competition issues in National Newspapers and interviewed by TV Channels. He also teaches as a visiting faculty in various Universities and Institutions and is widely regarded as a subject expert in various Committees of Apex Business Chambers, such as FICCI, CII, ASSOCHAM and PHD CCI.
Mr. Sharma has been mentioned as a “Notable Practitioner” in the “Competition/Antitrust” category of Chambers & Partners (Asia Pacific) Ranking of Leading Lawyers for Business in India for the year 2012 and 2013. VA’s competition law and policy team has also been awarded the Law Firm of the Year Award for “Competition/Antitrust Law” for 2013 by the Indian Business Law Journal. Included as a ‘Recognised Practitioner’ in Individual Lawyers’ranking by Chamber’s Asia Pacific Guide 2020 for Antitrust/Competition Law.