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ARTICLE · 18 FEBRUARY 2020

Asian Paints' Brush With Competition Law

The Competition Commission of India (CCI) recently ordered a detailed investigation against Asian Paints Ltd. (Asian Paints) on a complaint by JSW Paints Pvt. Ltd. (JSW).

IndiaAntitrust/Competition Law

I. INTRODUCTION

The Competition Commission of India (CCI) recently ordered a detailed investigation against Asian Paints Ltd. (Asian Paints) on a complaint by JSW Paints Pvt. Ltd. (JSW). According to the complaint, Asian Paints abused its dominant position in the market for decorative paints by instructing paint dealers not to deal with JSW if they wish to continue to deal with Asian Paints. This has effectively resulted in a denial of market access to a new player, JSW.

II. ABUSE OF DOMINANT POSITION UNDER SECTION 4

A. Relevant Market

For the purposes of assessing abuse of dominance, the CCI determined the relevant market to be the "market for manufacture and sale of decorative paints by the organised sector in India". This was based on the following:

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