Case No. 20 of 2015. Case: K. Rajarajan Vs Mahindra & Mahindra Ltd. and Ors.. Competition Commision of India
| Case Number | Case No. 20 of 2015 |
| Counsel | For Appellant: Vikram Mehta, Siddharth Jain, Advocates and Party-in-Person |
| Judges | Ashok Chawla, Chairperson, S.L. Bunker, Sudhir Mital, Augustine Peter, U.C. Nahta and M.S. Sahoo, Members |
| Issue | Competition Act, 2002 - Sections 19(1)(a), 26(2), 3, 3(1), 3(4)(a), 4 |
| Judgement Date | June 30, 2015 |
| Court | Competition Commision of India |
Order:
Order under Section 26(2) of the Competition Act, 2002
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The present information has been filed by Shri K. Rajarajan ("Informant") under section 19(1)(a) of the Competition Act, 2002, ("Act") alleging, inter-alia, contravention of the provisions of sections 3 and 4 of the Act by the Opposite Parties who are manufacturers of passenger cars, two wheelers, trucks, buses, three wheelers and tractors in India. The Opposite Parties against whom the present information has been filed are Mahindra & Mahindra Ltd.(OP 1), Tata Motors Ltd.(OP 2), Honda Siel Cars India Ltd. (OP 3), Volkswagen India Pvt. Ltd. (OP 4), General Motors India Pvt. Ltd. (OP 5), Toyota Kirloskar Motor Pvt. Ltd. (OP 6), Ford India Pvt. Ltd. (OP 7), Renault India Pvt. Ltd. (OP 8), Hyundai Motor India (OP 9), Ashok Leyland (OP 10), VEVC (OP 11), Tractor and Farm Equipment Ltd. (OP 12), Piaggio Vehicles Pvt. Ltd. (OP 13), Bajaj Auto Ltd. (OP 14), Hero Moto Corp. (OP 15), Mahindra Two Wheeler (OP 16), Honda Motorcycle & Scooter India Pvt. Ltd. (OP 17)and TVS Motor Co.(OP 18), collectively referred to as Opposite Parties/OPs.
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The Informant claims to be a businessman, engaged in the business of automobile dealership for passenger cars, two wheelers, commercial vehicles such as trucks, buses and three wheelers and tractors in the State of Tamil Nadu and Union Territory of Pondicherry for the last 25 years. The Informant has submitted that OPs are the manufacturers and sellers of automobile products in India and their combined market share is more than 50%.
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The Informant has submitted that he has dealership of OP 1 for heavy, medium and light commercial vehicles since 2007 for the territories of Villupuram and Cuddalore. The dealership agreement between the Informant and OP 1 has been renewed from time to time and the last renewal was made for the period 2011 to 2014. Another dealership agreement was also entered into between the Informant and OP 1 for the retail sales and distribution of the vehicles. This dealership agreement was last renewed for the period 2013 to 2015.
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The Informant has further submitted that he is also a dealer of OP 14 for two wheelers in the Union Territory of Pondicherry since 2004 and for the territory of Cuddalore since 1991. Dealership agreements for both Pondicherry and Cuddalore were renewed for the period from 2013 to 2015. However, both the agreements were terminated by OP 14 on 10.11.2014.
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The Informant has filed the present information...
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