CCI by its order dated June 101, 2015 dismissed allegations of involvement anti-competitive practices and abuse of dominant position against Dell India Pvt. Ltd (DIPL). The case was filed by M/s Surana and Surana (Surana) against DIPL alleging, inter alia, contravention of the provisions of Sections 3 and 4 of the Act by offering products at unfairly low prices. The relevant market was determined by CCI as “market of x86 server in India”. CCI, after considering the market shares of various players, was of the view that the DIPL is not in a dominant position in the relevant market and thus, question of abusing its position, in terms of section 4 of the Act, does not arise.
The Informant also alleged that DIPL forbids a customer from obtaining quotes from more than one dealer, thus restricting the right of customers from getting competitive prices. CCI observed that even though DIPL and its distributors are vertically placed, its conduct does not lead to AAEC. Thus, CCI found noprima facie case of contravention of the provisions of sections 3 and 4 of the Act.