Supreme Court Lays Down Principles Governing Joint Trials in Criminal Cases under CrPC and BNSS  ||  Karnataka HC: Person Joining Festivals of Another Religion Does Not Violate Rights  ||  Himachal Pradesh High Court: Recovery of Money without Proof of Demand Is Not Bribery  ||  Kerala HC: Cognizance Of Rape u/s 376B IPC Needs Complaint by Separated Wife, Not on Police Report  ||  J&K&L HC: Dealership & Lease Agreements Are Separate Contracts and Disputes Must Be Filed Separately  ||  Calcutta High Court: Unemployment Does Not Excuse Able-Bodied Husband from Maintaining His Wife  ||  Ker. HC: Violating the Procedure for Sampling Contraband u/s 53A of Abkari Act Vitiates Prosecution  ||  Delhi High Court: Students with Less Than 75% Attendance Cannot Contest DU Student Union Elections  ||  Delhi High Court: UGC Cannot Debar a University from PhD Admissions under UGC Act  ||  Delhi High Court: MCD's Higher Property Tax on Luxury Hotels Not Arbitrary    

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