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Supreme Court of India 2019-09-03 dismissed

UBER INDIA SYSTEMS PVT LTD vs COMPETITION COMMISSION OF INDIA

Bench: 2 — Rohinton Fali Nariman, Surya Kant

In Brief

Uber appealed against the Competition Commission's order directing investigation into alleged anticompetitive practices. The Court upheld the Commission's prima facie finding of abuse of dominant position. Uber was paying drivers unreasonably high incentives—up to ₹204 loss per trip—to keep them exclusively attached to its network while offering minimal consumer discounts. The Court held that such loss-making, competitor-excluding incentive schemes constitute predatory pricing and unfair conditions under the Competition Act, 2002. The appeal was dismissed, and the Director General was directed to complete the investigation within six months.

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Competition Law Abuse of Dominant Position Predatory Pricing Unfair Trade Practices

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