CCI vide its order dated May 13, 2015 exonerated Doctor’s Associates Inc (DA), Subway International (SI), Subway Systems India Private Limited (SSI) for alleged contravention of sections 3 and 4 of the Act. The instant case was filed by Shri Ramamurthy Rajagopal against DA, SI and SSI for alleged anti-competitive arrangements and abuse of dominance. It was alleged that SSI abused its dominant position by imposing unfair conditions insofar as Central VAT (CENVAT) Credit is concerned. Further, it was alleged that the Franchisee Agreement contained clauses in contravention of section 4 of the Act. The relevant market in the instant case is “market of services of franchisee for a fast food restaurant chain/ quick service restaurant chain”. Allegations made under Section 3, as observed by CCI, had no appreciable adverse effect on competition as the market size is huge as compared to market share of SSI. Further, it was observed that with the presence of so many competitors in the relevant market and consumers having several options to choose from, SSI neither has a position of strength, which gives it the power to act/operate independently of its competitors, nor has the ability to affect its competitors and consumers in the market. Even from the franchisee’s angle as a seller, it is evident that a franchisee has many options to opt for as a service provider in the market. Thus, CCI held that SSI was in not in a dominant position in the relevant market and hence, question of abuse does not arise. Considering the facts and analysis, CCI held that there was no prima facie case against SSI and thus, dismissed the case.