No Evidence of Anti-competitive Practices Found Against Lupin’s Distribution Policy, Investigation Unwarranted
- Blog|News|Competition Law|
- < 1 minute
- By Taxmann
- |
- Last Updated on 4 December, 2023
Latest from Taxmann
Case Details: Nadie Jauhri v. Lupin Ltd.- [2023] 157 taxmann.com 36 (CCI)
Judiciary and Counsel Details
-
- Ms Ravneet Kaur, Chairperson, Anil Agrawal, Ms Sweta Kakkad & Deepak Anurag, Member
Facts of the Case
In the present case, the informant filed an information under Section 19(1)(a) of the Competition Act, 2002 (“Act”), accusing Lupin Ltd. (‘Opposite Party No. 1’/’Lupin’) and Dr. Reddy’s Laboratories Ltd. (‘Opposite Party No. 2’/’Dr. Reddy’s’)—collectively referred to as (‘OPs’)—of violating the provisions of Section 3 and Section 4 of the Act.
The informant alleged that the terms and rules contained in the distribution policy of OP did not allow the market to grow effectively and for healthy competition to drive market outcomes.
Additionally, the informant claimed that the OPs failed to implement an agreement for the appointment of a stockist due to the absence of a No Objection Certificate (NOC) from the local Chemist Association.
CCI Held
The Competition Commission of India (CCI), however, highlighted the absence of supporting evidence for the informant’s allegations. The Commission also noted that the informant raised concerns about expired goods and misbranding against the OPs, matters falling outside the purview of the Act.
Given the lack of substantiating evidence for the informant’s claims, the CCI concluded that no case of contravention of the provisions of Sections 3 and 4 of the Act, warranting an investigation, was established. Consequently, the CCI rejected the allegations.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
CA | CS | CMA
