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ARTICLE · 17 DECEMBER 2015

Jaypee Not Dominant In NOIDA? Has CCI Given The Last Word On Real Estate?

Vaish Associates Advocates
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In nutshell, the present order of CCI in the Jaypee case, shows that the analysis of "relevant market" is yet to evolve to an extent to lay down a settled jurisprudence for the determination of dominant position for real estate sector.

IndiaAntitrust/Competition Law
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Article by MM Sharma, Head Competition Law & Policy Practice, Vaish Associates, Advocates, New Delhi, India. The Author may be reached at [email protected]

"Determination of correct relevant market is the sine qua non for finding the market position of an enterprise or group. Significantly, the order against Jaypee Group aptly underscores the importance of relevant market towards the outcome of any antitrust litigation".

The Competition Commission of India (CCI)'s latest order dated 26.10.2015, exonerating the Jaypee Associates Ltd. and Jaypee Infratech Ltd., Jaypee Greens ("Jaypee") from allegations of abuse of dominance in the market for sale of residential apartments in Noida and Greater Noida has shocked not only the complainants but also market analysts observing the real estate sector. Moreover, due to the diametrically opposite decision by the dissenting minority order, imposing a penalty of Rs. 666 Crores on the same Jaypee, a debate has inevitably

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