Supreme Court · 2019 INSC 997 · Decided 3 September 2019
Uber India Systems PVT. LTD. v. Competition Commission of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 997 · [2019] 12 S.C.R. 107
- Case number
- CIVIL APPEAL No. 641/2017
- Decided
- 3 September 2019
- Bench
- R.F. NARIMAN, SURYA KANT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Competition Act, 2002: s. 4 - Abuse of dominant position - Allegation that appellant losing Rs. 204 per trip in respect of every trip made by cars of the fleet owners which does not make any economic sense other than pointing to appellant's intent to eliminate competition in the facie case u/s. 26(1) as to infringement of s. 4 - Two ingredients for abuse of dominant position is, the dominant position itself and its abuse - From the allegation it is clear that if, in fact, a loss is made for trips made, Explanation (a)(ii) would prima facie be attracted as
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