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Supreme Court of India 2020-12-15 dismissed

Samir Agrawal vs Competition Commission of India & Ors

Bench: 3 — R.F. Nariman

In Brief

An independent legal practitioner filed information before the Competition Commission alleging that ride-hailing platforms Ola and Uber engaged in price-fixing and resale price maintenance through algorithmic pricing. The CCI and NCLAT rejected the allegations, finding no agreement or cartelization among drivers. The Supreme Court affirmed that (1) any person, not just aggrieved consumers, may file information before the CCI under the Competition Act, 2002; (2) such persons are 'persons aggrieved' entitled to appeal; and (3) algorithmic pricing by platforms does not constitute illegal price-fixing absent meeting of minds. The appeal was dismissed.

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Competition Law Ride-hailing Anti-competitive Conduct Price-fixing Locus Standi Cartelization Algorithmic Pricing Hub-and-spoke Standing and Jurisdiction

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