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TMI Blog2024 (2) TMI 1475X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Competition Act, 2002 1. The present Information has been filed by Ayudha Foundation through President, Gopal Aggarwal ("Informant") under Section 19(1) (a) of the Competition Act, 2002 ('the Act') against Talk Charge Technologies Pvt. Ltd ("OP") alleging abuse of dominant position under the Act. 2. OP is an internet-based platform that provides a range of services to users, with the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... states that since September 2023, OP has started imposing 20% additional charges (server cost, processing fee, gateway cost, and other convenience charges) on using the deposited amount in its digital wallet, which allegedly amounts to abuse of dominance by the OP. 4. The Informant further stated that the OP arbitrarily applied additional charges without providing complete details of the surcharg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancial sanction should be imposed on the OP. 7. The Informant has also made subsequent submissions dated 14.02.2024 and 15.02.2024 asserting that the OP's latest modifications to its cashback policy, cap of 10% on wallet usage per month and the mandatory nature of its Priority Pass subscription service for payments demonstrate a persistent misuse of its dominant market position. 8. From the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erms of Section 2 (t) and 2(s) of the Act, respectively. The next step is to assess the dominance of OP in the relevant market so delineated, in terms of the factors enumerated under Section 19(4) of the Act. Once the dominance of an OP is established, the final step is to analyse the allegations pertaining to abuse of dominance in terms of Section 4 of the Act. 11. As regards the determination o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of the Act. 13. In view of the foregoing, the Commission is of the considered opinion that no case of contravention of the provisions of Section 4 of the Act is made out against the OP for causing an investigation into the matter. Therefore, the matter is ordered to be closed forthwith under Section 26(2) of the Act. Consequently, no case for grant of relief(s) as sought under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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