In Brief
The Supreme Court dismissed Civil Appeals by the Competition Commission of India and Kapoor Glass against a Competition Appellate Tribunal decision overturning findings of abuse of dominance against Schott Glass India. The Court held that Section 4 of the Competition Act forbids only the abuse of dominance, not dominance itself, and that effects-based analysis proving appreciable adverse effect on competition is mandatory. Finding no evidence of discriminatory pricing, margin squeeze, or tying, and noting serious procedural defects including denial of cross-examination rights, the Court affirmed the Tribunal's decision annulling penalties and cease-and-desist orders.
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