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2024 (11) TMI 946

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..... lleged to be detrimental to a competitive market and would prejudice market players who are willing to offer quality treatment at an affordable rate. This conduct has been alleged to be in abuse of dominant position by the Opposite Party in contravention of provisions of Section 4 of the Act. As per the Information available in public domain, it appears that Informant is running a hospital which offers services including infertility treatments such as IVF; pediatrics, laparoscopy (Endoscopy); obstetrics gynaecology; orthopaedics treatment etc. However, the allegations that the Opposite Party is allegedly spreading mis- information/mis-statements about the cost of such treatment do not fall within the ambit of the Competition Act, 2002. The .....

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..... pposite Party on 25.07.2023, published a video on YouTube titled, Whether IVF treatment can be done for Rs. 50,000, the reality about treatment cost, Cost of IVF . The said video claims to address various issues in the field of infertility care including unscientific practices, exploitation of patients, unnecessary pre-treatments, unethical price-taglines, etc. 6. The grievance of the Informant is that the presenter of the video has made unfounded, inaccurate and misleading statements against hospitals offering affordable treatment for infertility care that are detrimental to competitive market and would prejudice market players who are willing to offer quality treatment at affordable rate. It has been stated that the Opposite Party holds a .....

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..... he patients and the market adversely; and c. Grant such other reliefs which this Commission may deem fit and proper in the interest of justice. 10. The Commission considered the matter in its ordinary meeting held on 14.08.2024 and decided to pass an appropriate order in due course. 11. Upon perusal of the Information, it appears that the primary grievance of the Informant is that the Opposite Party through Dr. Raju Nair, has made certain misleading statements/mis-information about the cost of IVF and fertility treatments on its You Tube channel against hospitals offering affordable treatment for infertility care. These statements are alleged to be detrimental to a competitive market and would prejudice market players who are willing to off .....

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