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TMI Blog2020 (11) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... as such has been found. The Ld. CCI has rightly referred to the agreement which is at Page 49 of this Appeal, which includes termination clause - It appears to be a contractual dispute between the parties which is being tried to be converted into a competition case. We do not find that it is a case made out for interference under the Competition Act, 2002. Appeal dismissed. - Competition Appeal (AT) No. 18 of 2020 With I.A. No. 40 of 2020 & Compensation Application No. 02 of 2020 - - - Dated:- 4-11-2020 - [Justice A.I.S. Cheema] Member (Judicial) And [Dr. Ashok Kumar Mishra] Member (Technical) For the Appellant : Ms. Sumit Jain, Advocate. For the Respondent : Mr. Navdeep Singh Suhag, Advocate. ORDER I.A. No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 27th September, 2007. This dealership agreement continued till 2018 as per the authorization given by KAMCO in the form of letters issued from time to time. The Appellant established foundation for KAMCO brand in the Market. Appellant further claimed that KAMCO opted to authorize dealership to other dealers for Guntur, Vijayawada and Srikakulam in spite of the fact that the Appellant continued to hold authorized dealership. The Appellant claimed that it had taken orders for supply of KAMCO products from the farmers but KAMCO failed to supply the machinery and it suffered losses and so legal notice was sent. The Appellant filed O.S. (I.A.) No. 1593/2019 before District Judge seeking decree. The Appellant also attempted suicide due to stre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kulam, in-spite of the fact that Informant continues to hold the authorised dealership. In regard to this allegation, upon perusal of the information and additional submissions made by KAMCO, the Commission is of the view that no competition concern is involved in the appointing of new dealers in the areas where the Informant has dealership. This has also been made explicit by KAMCO in its dealership agreement under clause 7(a)(ii) that new dealers may be appointed as and when it deems necessary in the interest of the sales of the products. Clause 7(a)(ii) of the dealership agreement is reproduced below: An adequate and properly trained staff and workshop facilities for satisfactory sale and after-saleservices of the product as requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment of relevant market within the territory of the said state. Moreover, in the facts that no abusive conduct has been established against KAMCO, in any manner, a precise definition of relevant market and assessment of dominance may not be required in the present case. 29. The Commission observes that in the instant matter there is neither any exclusionary abuse nor it prima facie appears to be a case of such conduct as the agreement between the Informant and KAMCO expressly mentions that new dealers may be appointed in the interest of sales of products. Further, the Commission observes that the impugned agreement, is for a short period of one year and that too could be terminated by either party by giving 90 days notice, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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