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2020 (11) TMI 625

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..... t least four other major global players in the market for rolling stock mounted GPR for Ballast Inspection in India. The Order as reproduced names of the other players. The Appellant is trying to put the burden on CCI to find out the relevant market instead of itself defining or suggesting relevant market with prima facie material. Apart from this, the order of CCI shows that there are other players available in the market. There is no material shown that the Appellant had approached the other players - no case is made out to entertain the Appeal. The Appeal is dismissed without admitting the same. - Competition Appeal (AT) No. 17 of 2020 - - - Dated:- 4-11-2020 - [Justice A.I.S. Cheema] Member (Judicial) And [Dr. Ashok Kumar Mish .....

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..... with the Respondent No. 2 but the Respondent No. 2 did not agree to give a discount more than 17 percent. Even after discount the price quoted was 200 percent higher the cost what Respondent No. 2 was offering to other Players. The Learned Counsel for the Appellant refers to page 38 which was Information filed by the Appellant with CCI in which at Page 46, there is reference to E-mail (in Paragraph 13 (d)) of the Respondent No. 2 to state that it was mentioned that Spares prices by adding 80 percent on the prices we received from IDS Training cost by doubling based on this, the Learned Counsel submits that the Respondent No. 2 was quoting double the price. 2. The Respondent No. 1/Competition Commission of India considered the inform .....

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..... further into the alleged abusive behaviour in terms of the provisions of Section 4 of the Act. 6. The CCI has found that the Appellant failed to define or suggest relevant market. It found it is neither necessary nor feasible to delineate the relevant market in the absence of requisite data on record particularly in the light of market emerging out of RSDOs reply which CCI received. The CCI deciphered that apart from the Opposite Party (Respondent No. 2) there are at least four other major global players in the market for rolling stock mounted GPR for Ballast Inspection in India. The Order as reproduced names of the other players. The Appellant in the Appeal is claiming that when allegation of abuse of dominant position under Section .....

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