JUDGMENT :

ROHINTON FALI NARIMAN, J.

1. The present appeal is at the instance of an Informant who describes himself as an independent practitioner of the law. The Appellant/Informant, by an Information filed on 13.08.2018 [“the Information”] sought that the Competition Commission of India [“CCI”] initiate an inquiry, under section 26(2) of the Competition Act, 2002 [“the Act”] into the alleged anti-competitive conduct of ANI Technologies Pvt. Ltd. [“Ola”] and Uber India Systems Pvt. Ltd. and Uber B.V. and Uber Technologies Inc. [together referred to as “Uber”] alleging that they entered into price-fixing agreements in contravention of section 3(1) read with section 3(3)(a) of the Act and engaged in resale price maintenance in contravention of section 3(1) read with section 3(4)(e) of the Act. According to the Informant, Uber and Ola provide radio taxi services and essentially operate as platforms through mobile applications [“apps”] which allow riders and drivers, that is, two sides of the platform, to interact. A trip’s fare is calculated by an algorithm based on many factors. The apps that are downloaded facilitate payment of the fare by various modes.

2. The Informant alleged that