Law: Competition Act, 2010

Section: 10,30,31,37,38

Competition Act (XIX of 2010)--- ----Ss. 10, 30, 31, 37 38---Deceptive marketing practices---Complainant and the respondent were competitors in the relevant market comprising of household surface cleaning products---Complainant contended that no study or statistical quantification had been provided by the respondent to substantiate its claims in the advertisements of the products, relating to protection against cold and flu, skin infections and food poisoning---Complainant had alleged, that respondent was disseminating misleading information through advertisements which was harmful to the public as well as the business interest of competitors which was a violation of S. 10 of the Competition Act, 2010 and further that respondent had issued a trade letter which stated that its product offered for a lesser price, a quantity of 50ml more than product of the complainant which is not right---Complainant contended that claim which purported to provide ample protection from infections and viruses, even in the presence of its disclaimer, was illegible and not clear and conspicuous; that in absence of the same, said claim of the respondent was deceptive under S.10(1)(2)(b) of the Competition Act, 2010---Respondent submitted that complaint contained inaccurate statements, which had no basis in law and fact and was liable to be discharged---Held, respondent having failed to provide a recognizable substantiation or reasonable basis as to the character, properties and suitability for use of its product, claim of respondent was in clear violation of S.10(1)(2)(b) of the Competition Act, 2010---Comparative claims of respondent relating to price, expiry of the product and leakage and defective packing, lacked a reasonable basis and were, deceptive within the meaning of S.10(1)(2)(c) of the Competition Act, 2010---Advertising claims of the respondent, being false and misleading, were in fact capable of harming the business interests of the complainant as well as other competing undertakings operating in the relevant market---Commission imposed penalty on the respondent of Rs. One million for each of the four counts (advertisements) for the contravention of S.10(1)(2)(b) of…