CCI by its order dated August 20, 2015 dismissed case against Jaquar & Co. Pvt. Ltd. for alleged abuse of its dominant position and entering into anti-competitive agreements with its dealers in Jaipur. The Informant alleged that since he refused to pay illegal gratification to Jaguar’s representative in Rajasthan for appointment as Jaquar’s dealer in Jaipur, the Informant was not appointed Jaquar’s dealer in Jaipur. It was also alleged that the representative of Jaquar also instructed other dealer in Jaipur not to supply goods to the Informant.
CCI noted that in the market of supply of branded sanitaryware and bathroom fittings in India, there were large number of players such as Jaquar, HSIL, Cera, Roca, etc. and consumer has a wide variety of choices. Jaquar neither has a position of strength, which gives it the power to operate independently of the market forces not has the ability to affect its competitors/consumers in the relevant market. Thus, Jaquar does not enjoy a dominant position in the relevant market and its conduct need not be examined under Section 4 of the Act. CCI closed the case under Section 3 (anti-competitive agreement) also as the Informant did not supply requisite material to support the allegations.