On Tuesday, The Competition Commission of India (CCI) closed a case against M3M India Private Limited (Developer) and found no prima facie evidence of the developer violating Sections 4 and 3(4) of the Competition Act, 2002.
The Informant filed an allegation against the Developer, contending that the Developer abused its dominating position by building an extra tower in the Merlin project without getting prior permission from the inhabitants. CCI examined the relevant market for the M3M Merlin residential project and came to the conclusion that residential flats and independent residential units, such as villas and row homes, are unique and different goods.
It recognized the relevant product market as the “market for the provision of services of residential flat development and sale.” The appropriate geographic market is judged to be ‘Gurgaon’ since the conditions for offering these services in Gurgaon differ from those in
neighbouring places. As a result, the relevant market is the “market for the provision of services of residential flat development and sale in Gurgaon.”
The Developer does not have a dominant position in the relevant market, according to CCI, because there are several other prominent developers operating in Gurgaon, including DLF, Emaar India, Godrej Properties, Ansal API, Vatika Group, Unitech Limited, Unitech Limited, Sobha Limited, Adani Group, Eldeco Group, Ashiana Housing Limited, and Raheja Developers Limited, which impose significant competitive constraints on the Developer.
Finally, the Commission determined that there was no prima facie evidence of a violation of Sections 4 and 3(4) of the Act against the Developer because Section 3(4) requires an agreement between two or more enterprises operating at different levels of the same supply chain, which was not present in this case.
LIVE LAW https://www.livelaw.in/news-updates/cci-dismisses-complaint-against-m3m-india-private-limited concludes-no-misuse-of-dominant-position-234065 (last visited on 02nd August 2023).
Written by- Kameshwari Gaur , College name- Mahatma Jyotiba Phule Rohilkhand, University Semester- 5th semester (3-year Ll.b. programme)
