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Supreme Court of India 2019-09-03 dismissed

UBER INDIA SYSTEMS PVT. LTD vs COMPETITION COMMISSION OF INDIA & ORS

Bench: 2 — R. F. Nariman, Surya Kant

In Brief

Uber appealed against an order by the Appellate Tribunal allowing investigation into alleged abuse of dominant position. The Supreme Court dismissed the appeal, holding that Uber's practice of operating at a loss per trip (Rs. 204 loss) through excessive driver incentives constitutes a prima facie case of predatory pricing and abuse of dominant position under the Competition Act, 2002. The Court found that such loss-making operations demonstrate intent to eliminate competition and affect competitors unfairly, warranting investigation to proceed without appellate interference.

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Competition Law Abuse of Dominant Position Predatory Pricing Ride-sharing/Platform Economy

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