Lawstreet Journal

Arguments Raised By Parsoli Motors Are Illogical And Repugnant To Reason, BMW India Gets Clean Chit: NCLAT [Read Judgment]

Lawstreet Journal 4 Dec 2019 6:42pm

Image courtesy: Lawstreet Journal Business Arguments Raised By Parsoli Motors Are Illogical And Repugnant To Reason, BMW India Gets Clean Chit: NCLAT [Read Judgment]

The National Company Law Appellate Tribunal in the case of Parsoli Motors Works Pvt. Ltd. v. BMW India Private Ltd & Ors. Competition Appeal (AT) No. 52 of 2018 on November 25, 2019 held that BMW does not hold a dominant position in the relevant market, i.e., passenger car segment in India and hence, the question of abuse of dominant position does not even arise. 

A division bench comprising of Justices S.J. Mukhopadhaya (Chairperson) and Bansi Lal Bhat (Judicial Member) was hearing an appeal against the order dated May 30, 2018 passed by the Competition Commission of India or CCI under Section 26 (2) of the Competition Act, 2002 in Case No. 11 of 2018 whereby the information relating to allegations of contravention of provisions of Section 4 of the Act filed by the Appellant (Parsoli Motors, i.e. Informant before CCI) was ordered to be closed on the ground that the existing Dealership Agreement between the Appellant and Respondent No. 1 (BMW India) stood expired by efflux of time on December 31, 2017 due to non-renewal thereof and the Informant had not challenged any term of the aforesaid Dealership Agreement which has since expired.

Parsoli Motors was a dealer of BMW India in Gujarat from 2007 to 2017. BMW India Financial Services is a group company of BMW India that financially supports the sales effected by BMW India.  Abuse of dominant position by an enterprise, forbidden under Section 4 of the Act, essentially arises out of a position of strength enjoyed… Continue Reading...


Tagged: NCLAT  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com