SAMIR AGRAWAL versus COMPETITION COMMISSION OF INDIA & ORS.

SAMIR AGRAWAL versus COMPETITION COMMISSION OF INDIA & ORS.

The Court held that under the Competition Act, 2002 and the 2009 Regulations any person may provide information to the CCI and that the NCLAT's narrow construction of locus standi under section 19 was incorrect; however, on the merits the concurrent findings of CCI and NCLAT that there was no contravention of section 3 by Ola and Uber (no agreement/meeting of minds/cartelisation among drivers) were reasonable and not interfered with, and the appeal was disposed accordingly.

Parties
Informant/appellant: Samir Agrawal; Respondent: Competition Commission of India; Opposite Party/respondent: ANI Technologies Pvt. Ltd. (Ola); Opposite Party/respondent: Uber India Systems Pvt. Ltd.; Uber B.V.; Uber Technologies Inc.
Jurisdiction
India
Judgment Date
15 December 2020
Procedural Posture
Civil Appeal Under the Competition Act, 2002 / Appeal to the Supreme Court From NCLAT Judgment Dated 29.05.2020 (civil Appeal No. 3100 of 2020)
Outcome
Appeal disposed of; NCLAT's narrow construction of locus standi under section 19 set aside; concurrent merits findings that no contravention of section 3 was made out upheld.
Legal Topics
Locus Standi, S.19 Receipt of Information, S.26 Inquiry Procedure, S.3 Anti Competitive Agreements, In Rem Proceedings, Confidentiality of Informant, Penalty for False Information (s.45)
Competition Law Locus Standi S.19 Receipt of Information S.26 Inquiry Procedure S.3 Anti Competitive Agreements In Rem Proceedings Confidentiality of Informant Penalty for False Information (s.45)

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Parties

Samir Agrawal

Informant/appellant

Competition Commission of India

Respondent

ANI Technologies Pvt. Ltd. (Ola)

Opposite Party/respondent

Uber India Systems Pvt. Ltd.; Uber B.V.; Uber Technologies Inc.

Opposite Party/respondent

Procedural Posture

Civil Appeal Under the Competition Act, 2002 / Appeal to the Supreme Court From NCLAT Judgment Dated 29.05.2020 (civil Appeal No. 3100 of 2020)

Legal Issues

  1. 1 Whether "any person" may provide information to the CCI under section 19 and related regulations
  2. 2 Whether the Informant had locus standi to file information before the CCI and to appeal to the NCLAT/Supreme Court
  3. 3 Whether Ola and Uber's algorithmic pricing amounted to an agreement/ cartel or resale price maintenance under section 3 of the Competition Act, 2002

Ratio Decidendi

The Court held that under the Competition Act, 2002 and the 2009 Regulations any person may provide information to the CCI and that the NCLAT's narrow construction of locus standi under section 19 was incorrect; however, on the merits the concurrent findings of CCI and NCLAT that there was no contravention of section 3 by Ola and Uber (no agreement/meeting of minds/cartelisation among drivers) were reasonable and not interfered with, and the appeal was disposed accordingly.

Court Disposition

Appeal disposed of; NCLAT's narrow construction of locus standi under section 19 set aside; concurrent merits findings that no contravention of section 3 was made out upheld.

Orders

  • Appeal dismissed in terms of the judgment
  • Impugned NCLAT approach to locus standi under section 19 set aside