CCI by its order dated May 28, 2015 exonerated Maruti Suzuki India Ltd (Maruti) for alleged contravention of sections 3 and 4 of the Act. The instant case was filed by Rooster Info Private Limited against Maruti alleging contravention of the provisions of sections 3 and 4 of the Act. It was alleged that Maruti coerced the transporters to install a GPS unit from either Trimble or Efcon leading to violation of Section 3(3)(b). It refused to provide the load to vehicles which did not have GPS from the above said two companies. It was further alleged that Maruti is also fixing the price of GPS unilaterally in contravention of section 3(3)(a) of the Act. Also, the conduct of Maruti to enter into agreements with the above said two companies is alleged to create appreciable adverse effect on competition (AAEC) and thus, violates the provisions of section 3(4)(a) of the Act. It was further alleged that by imposing an unfair condition on the transporters for purchase of GPS, Maruti violated the provisions of section 4(2)(a)(i) of the Act. No conclusive information was presented to show existence of an agreement/arrangement. Considering the facts and available information, CCI prima facie observed that even if agreement existed, the effect would be negligible on the competition. The relevant market was determined as “market for procurement of services of GPS device installed vehicles in India”. On analyzing the market share, it was held by CCI that Maruti is not in dominant position and thus, cannot abuse its position. While dismissing the case, CCI held that there was no prima facie case against Maruti under provisions of sections 3 and 4 of the Act.
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