Kerala HC Upholds Life Terms For Five, Acquits Two in Renjith Johnson Murder, Says TIP Not Needed  ||  Kerala HC Orders Emergency Electric Fencing at Tribal School to Address Rising Wildlife Conflict  ||  Madras HC: Arbitrator Can’t Pierce Corporate Veil to Bind Non-Signatory and Partly Sets Aside Award  ||  Calcutta HC: Post-Award Claim For Municipal Tax Reimbursement is Not Maintainable under Section 9  ||  Tripura HC: Tax Authorities Cannot Revive Repealed VAT Powers or Retain Deposits Without Law  ||  J&K&L HC: Obtaining a Passport is a Constitutional Right; Citizens Need Not Prove Travel Necessity  ||  Allahabad HC: Police Report in Non-Cognizable Offence is a Complaint; Accused Must Be Heard First  ||  Kerala HC: Hospitals Must Display Rates and Cannot Deny Emergency Care For Lack of Advance Payment  ||  Orissa HC: Convict’s Refusal to Appeal Through Legal Aid Must be Recorded in Writing  ||  SC Halts Deer Translocation From Delhi’s AN Jha Park And Orders a Probe into DDA Negligence    

In Re M/s Jaiprakash Associates Ltd., M/s Jaypee Infratech and Ors. - (Competition Commission of India) (26 Oct 2015)

CCI clears Jaypee Group of abuse amidst heavy dissent

MRTP/ Competition Laws

The Competition Commission of India in a majority ruling dismissed complaints against Jaypee Group’s alleged abuse of its dominant position. It determined that the Group was not in a dominant position in the relevant real estate market, as the market comprised small, medium and large companies, suggesting low entry to barriers. Further, buyers had a plethora of options, leaving Jaypee with an indisputably large, yet unconsolidated position so far as using its position to include unfair contract terms with buyers. In a vehement dissent, however, two members of the Commission ruled that the contractual terms, restricting buyers’ freedoms to exit the contract and access to areas surrounding their properties were severe suggesting the existence of negotiating power beyond that accepted. They noted that Jaypee Group, being several times larger than their closest competitor was clearly in a dominant position. That some of the land it owned came to be acquired pursuant to the agreement the Yamuna Expressway (connecting Delhi and Agra), did not negate its dominance in the region.

Tags : PROPERTY   JAYPEE   DOMINANT   RESIDENTIAL   ABUSE   POSITION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved