1. BACKGROUND
On September 19, 2018, the National Company Law Appellate
Tribunal (the "NCLAT") set aside the
Competition Commission of India's (the
"Commission") order dated June 14,
20171 which held Hyundai Motor India Limited
("Hyundai") to be indulging in
anti-competitive practices in violation of the provisions of the
Competition Act, 2002 (the "Act").
The Commission previously held that Hyundai was guilty of two
contraventions, first, resale price maintenance by monitoring the
maximum permissible discount through a discount control mechanism
and second, tie-in arrangements, by mandating its dealers to use
recommended lubricants and oils and penalising them for using
non-recommended lubricants and oils.
