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RAJEEV KHER, ANITA KAPUR
DLF HOME DEVELOPERS LIMITED – Appellant
Versus
COMPETITION COMMISSION OF INDIA – Respondent


Advocate Appeared:
Mr. Ramji Srinivasan, Senior Advocate with Ms. Kanika Chaudhary Nayar, Ms. Nidhi Singh, Ms. Modhulika Bose and Mr. Tushar Bhardwaj, Advocates.

ORDER :

1. These appeals are directed against the order of the Competition Commission of India (‘the Commission’) passed in Case No. 1/2014, Shri Ashutosh Bhardwaj v. M/s. DLF Limited and Others and Case No. 93/2015, Shri Lalit Babu and Others v. M/s. DLF New Gurgaon Homes Developers Pvt. Ltd.

2. The Respondents Shri Ashutosh Bhardwaj and Shri Lalit Babu and others filed information with the Commission alleging abuse of dominance on the part of the present Appellants under Section 4 of the Competition Act, 2002 (‘the Act’). Very briefly, the facts relate to the sale of residential apartments by the Appellants to the Respondents and the alleged anti-competitive provisions of the Apartment Buyers’ Agreement (ABA) executed between the parties. According to the allegations, the Appellants enjoy a dominant position in the relevant market and have abused their dominant position by incorporating anti-competitive conditions in the ABA. The Commission ordered investigation by the Director General (‘the DG’) into the allegations and on the basis of DG’s report determined the relevant product and geographical market. They also found Appellants’ dominant in the relevant market and determined tha

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