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SC gives green signal for probe against Uber
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Top Stories |
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SME Times News Bureau | 11 Sep, 2019
Giving a green signal to the
probe against Uber for predatory pricing and abuse of dominant position,
the Supreme Court has refused to interfere in the order passed by the
Competition Appellate Tribunal.
A bench of Justices Rohinton Nariman and Surya Kant also directed that the probe is to be completed within six months.
The
court was hearing Uber India System Private Ltd challenging the
Competition Appellate Tribunal order, issued on a plea by Meru Taxi
Services, alleging that Uber is indulging in predatory pricing and
misuse of its dominant position in the market.
The taxi firm had
observed the data regarding Uber's pricing, according to which Uber's
rides were being priced lower than they were supposed to.
Meru
had said that Uber was losing Rs 204 on every ride in respect of the
every trip made by the cars of the fleet owners, which does not make any
economic sense other than pointing to an intent to eliminate
competition in the market.
The top court observed that Uber is
abusing its dominant position and said it do not think it fit to
interfere with the order made by the Competition Appellate Tribunal.
"Given
the allegation made, as extracted above, it is clear that if, in fact, a
loss is made for trips made, ... would prima facie be attracted
inasmuch as this would certainly affect the appellant's competitors in
the appellant's favour or the relevant market in its favour," the court
said.
"Insofar as 'abuse' of dominant position is concerned,
under Section 4(2)(a) (Competition Act), so long as this dominant
position, whether directly or indirectly, imposes an unfair price in
purchase or sale including predatory price of services, abuse of
dominant position also gets attracted. Explanation (b) which defines
'predatory price' means sale of services at a price which is below
cost," it added.
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