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ARTICLE · 13 JULY 2020

Ergo Competition/Antitrust Newsletter - July 2020

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A franchisee of NIIT complained that NIIT had abused its dominance by, among other things, adopting differential and predatory pricing in relation to its courses.

IndiaAntitrust/Competition Law
Khaitan & Co
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CONDUCT / ENFORCEMENT CASES

The (competition) appeal tribunal takes umbrage at "forum shopping"

India's competition appeal tribunal, the NCLAT,1 dismissed an appeal filed against the Competition Commission of India's (CCI) refusal to initiate investigation for an alleged abuse of dominant position by an educational institution, NIIT Limited (NIIT).2

Background and facts

A franchisee of NIIT complained that NIIT had abused its dominance by, among other things, adopting differential and predatory pricing in relation to its courses. The CCI did not find NIIT to be dominant in the relevant computer education market in India. Therefore, the allegations did not warrant investigation and the CCI closed the matter.

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