Law: Competition Act, 2010

Section: 2(1)(k)

(a) Competition Act (XIX of 2010)---S. 2(1)(k)--- Relevant market--- Product market--- Geographical market---Scope---Product market comprises of all those products that are regarded as interchangeable or substitutable by the consumer by the reason of products characteristics, prices and intended uses---”Geographical market” comprises the area in which the undertakings concerned are involved in the supply of products or services and in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring geographical areas because, in particular, the conditions of competition are appreciably different in those areas. (b) Competition Act (XIX of 2010)---Ss. 3 2(1)(k)---Abuse of dominant position---Relevant market---Product market---Scope---Commission issued show cause notice to the respondent housing authority for violation of S. 3 of the Competition Act, 2010 for not issuing NOC (No Objection Certificate) to a CIT (Cable Internet and Telephony) service provider---Contention of respondent was that Commission lacked the mandate to determine the ROW (Right of Way)---Validity---Product market in the case consisted of grant of ROW to provide CIT services and the relevant geographic market consisted of the area where the respondent had developed the housing societies, as the conditions of competition were sufficiently homogeneous throughout that area and distinct from other neighbouring areas---While CIT service providers needed ROW permit, on a timely basis, any undue or unreasonable delay or restrictive practices on the part of public body or private entity, managing the specified territory could increase the operator’s cost of deployment of such network(s)---Modern-day technology development required the CIT services of infrastructure laying that involved civil/earths for infrastructure operation and maintenance---For CIT services providers, ROW could be described as essential facility for laying down their infrastructure across the public and/or private areas for the provision of CIT services to the residents of that area was directed to offer to the service provider ROW on terms and conditions which were no less…

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