COLGATE PALMOLIVE (INDIA) LTD . versus M.R.T.P. COMMISSION AND ORS.

COLGATE PALMOLIVE (INDIA) LTD . versus M.R.T.P. COMMISSION AND ORS.

Causation of loss or injury to consumers was an essential ingredient for constituting an unfair trade practice under Section 36A of the M.R.T.P. Act before the 1993 amendment; the Commission erred in holding otherwise and failed to find actual loss or injury.

Parties
Appellant: Colgate Palmolive (India) Ltd.; Respondents: M.R.T.P. Commission and Ors.
Jurisdiction
India
Judgment Date
20 November 2002
Procedural Posture
Civil Appeal / Appeal From MRTP Commission Judgment and Order Dated 19.6.1991 in U.t.p.e. No. 41 of 1984
Outcome
Appeals allowed; impugned judgments of MRTP Commission set aside.
Legal Topics
Unfair Trade Practices, Interpretation of Statutes, Monopolies and Restrictive Trade Practices Act
Competition Law Consumer Law Statutory Interpretation Unfair Trade Practices Interpretation of Statutes Monopolies and Restrictive Trade Practices Act

Case Brief

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Parties

Colgate Palmolive (India) Ltd.

Appellant

M.R.T.P. Commission and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From MRTP Commission Judgment and Order Dated 19.6.1991 in U.t.p.e. No. 41 of 1984

Legal Issues

  1. 1 Whether causation of loss or injury to consumers is a necessary ingredient to constitute an unfair trade practice under Section 36A of M.R.T.P. Act, 1969
  2. 2 Interpretation of Section 36A(3)(b) of M.R.T.P. Act

Ratio Decidendi

Causation of loss or injury to consumers was an essential ingredient for constituting an unfair trade practice under Section 36A of the M.R.T.P. Act before the 1993 amendment; the Commission erred in holding otherwise and failed to find actual loss or injury.

Court Disposition

Appeals allowed; impugned judgments of MRTP Commission set aside.

Orders

  • Appeals allowed.
  • No order as to costs.