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ARTICLE · 14 APRIL 2016

Competition Commission Nips Litigation At The Bud – Dismisses Cases Against Ola And Uber

CCI upholds that access to funding and innovative technology or models enabling an entity to provide discounts and incentives did not create entry barriers and is not anti-competitive.

IndiaAntitrust/Competition Law

CCI upholds that access to funding and innovative technology or models enabling an entity to provide discounts and incentives did not create entry barriers and is not anti-competitive.

CCI dismissed allegation due to contradictory views and doubts on impartiality of the industry report highlighting significance of impartial industry reports.

Consistent approach to be followed by CCI to curtail unnecessary litigation and allowing parties to appear at the outset is a step in the right direction.

Introduction

The Competition Commission of India ("Commission") in its recent order in M/s. Mega Cabs Pvt. Ltd. v. M/s ANI Technologies Pvt. Ltd.1 ("Ola") and Meru Travel Solutions Private Limited v. Uber India Systems Private Limited ("Uber")2 (together "Opposite Parties"), held that Opposite Parties were not in a dominant position in the relevant market of New Delhi and consequently, the practices followed by Opposite Parties were not in violation of Sections 3

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