The NCLAT judgment dated 07th Jan 2022 in Meru Travels Solutions Pvt. Ltd. v. CCI refused to set aside the order passed by the Competition Commission of India in 2017 and held that Ola has not abused its dominant position and that it has not entered into anti-Competitive agreements in violation of the provisions of the Competition Act, 2002.
The Appellants were informants before the CCI and contended before the Commission that Ola has abused its dominant position by predatory pricing and by entering into anti-competitive agreements with its drivers. Since the Commission prima facie found the allegation of abuse of dominant position to be true, it ordered the Director General (DG) to investigate the matter as per the terms of Section 26(1). Based on the investigation report, it was concluded that Ola did not in fact abuse its dominant position and was not in violation of Section 3 and 4 of the Act.
The Appellants are Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions Pvt. Ltd., who provided radio taxi services to customers from point-to-point movement in the geographical market of Bengaluru.
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