The CCI by its order dated November 17, 2015 dismissed allegations against DLF Qutab Enclave Complex Educational Charitable Trust (the Trust) and DLF Ltd.. It was alleged by the Informant, Ms. Geeta Kapoor, that the Trust was imposing unfair terms, conditions and price in the lease agreement to establish and run a crèche facility in the residential colony; and that this was anti-competitive under Section 4(2)(a)(i) and 4(2)(a)(ii) of the Act.
The CCI, stated that the relevant product market to be the market for ‘lease/sale of plots/units for development and running of crèches/ play schools in Gurgaon, and rejected the allegations. The CCI noted that the potential developer of a crèche/ play school is not necessarily required to run the same within the residential colony. As the relevant product market could not be restricted to the plots earmarked for amenities in the residential colonies, The CCI concluded that the Trust or DLF Group were not dominant enterprises in the relevant market. Hence, no prima facie case of contravention of Section 4 was made out.
(Source: CCI: Order dated November 17, 2015. For full text see CCI website)