Summary
Uber challenged the Competition Appellate Tribunal’s order permitting investigation of alleged abuse of dominance. Information concerning substantial driver incentives and an asserted per-trip loss supplied a prima facie basis for inquiry into market strength and predatory pricing. The Court declined interference on that ground alone and requested completion of the investigation within six months, without determining a final infringement.
Issues
- Whether the incentive and loss information disclosed a prima facie case warranting investigation under the Competition Act.
Provisions considered
- Section 4, Competition Act, 2002The allegations prima facie engaged the separate requirements of dominant position and abuse through unfair or predatory pricing. (¶¶ 5, 6, 7, 8, 9, 10, 11)
Held
- The information concerning driver incentives and an asserted Rs.204 loss per trip sufficed at the preliminary stage to prevent rejection of a prima facie case under Section 26(1). (¶¶ 2, 3, 4)
- Dominance and abuse are distinct requirements. If established, the alleged loss-based operations could prima facie affect competitors or the relevant market in Uber’s favour; unfair or predatory service pricing could engage the abuse requirement. These were grounds for investigation, not final findings of infringement. (¶¶ 9, 10, 11, 12)
Result
The appeals were dismissed without costs. The Director General was requested to complete the investigation within six months.