Law: Competition Act, 2010

Section: 10,30,37,38

(a) Competition Act (XIX of 2010)--- ----Ss. 10, 30, 37 & 38---Defective marketing practices---Powers of Competition Commission---Scope---Competition Commission under provisions of S.37(1) of the Competition Act, 2010, was empowered to conduct enquiries "on its own" into matters relevant to purposes of said Act---Existence of complaint by an undertaking was not a pre-condition for invoking the provisions of the Act---Commission was empowered to initiate proceedings under S.30 of the Competition Act, 2010 in relation to prima facie violation of the substantive provisions of the Act, which pertained to "Defective Marketing Practices" prohibited under S.10 of the Competition Act, 2010---Such proceedings could be initiated against any undertaking regardless of which industry or sector it operated in, as long as it was engaged, directly or indirectly, in the production and supply of goods or provision of services in any identifiable relevant market---Undertaking holding a dominant position was only a prerequisite for establishing a contravention under S. 30 of the Competition Act, 2010 and had no nexus to the matter wherein the issues under contention were those specifically and solely pertaining to S. 10 of the said Act. (b) Competition Act (XIX of 2010)--- ----Ss. 10, 30 & 37---Defective marketing practices---Respondent/ undertaking, a private limited company was engaged in the development and marketing of residential housing projects---Competition Commission took notice of advertisement published by the respondent, wherein certain absolute marketing claims regarding the legal stand of the scheme, its location, price and development charges payable by consumers, and terms and conditions, had been made out---Enquiry was initiated by the Commission against the respondent---Issue of marketing claim related to the location of housing scheme launched by the respondent---Advertisement of said scheme used the medium of driving time to make an absolute sweeping claim without any qualifier that the site was a 12 minutes driven from a specified place and 5 minutes driven from an enclave and Chak of the city---Initial probe carried out by the Commission led to the…

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