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ARTICLE · 17 AUGUST 2018

Premium Pricing Does Not Signify Dominant Position

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The CCI, in line with its decisional practice, held that it was first necessary to delineate the relevant market and ascertain whether the Merlin Group enjoyed a dominant position.

IndiaAntitrust/Competition Law
Manas Kumar Chaudhuri
Manas Kumar Chaudhuri
Ebaad Nawaz Khan
Ebaad Nawaz Khan
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The Competition Commission of India (CCI) on 9 July 2018 closed a case involving allegations of abuse of dominant position against Merlin Developers, Merlin Projects Limited (Merlin Developers and Merlin Projects Limited have been collectively referred to as Merlin), Merlin group companies and their office bearers (In Re: Cambridge Residents Welfare Association & Others And Merlin Developers & Others; Case No. 50 of 2017). The informants in this case, Cambridge Residents Welfare Association, an association registered under the West Bengal Apartment Ownership Act, 1972, and its office bearers (collectively referred to as Informants), alleged that the Merlin Group had abused its dominant position inter alia by adopting one-sided agreements and terms in respect of sale of residential apartments in their project Merlin Cambridge. The Informants argued that the Merlin Group was in a dominant position because it occupied the top position in terms of total number of

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