V.DHANAPALAN
NISSAN Motors India Private Limited (NMIPL) – Appellant
Versus
Competition Commission of India (CCI) – Respondent
1. Since all these Writ Petitions involve one and the same issue, they are being disposed of in common.
2. Before going into the common question that arises for consideration in the above cases, the facts and circumstances leading to the filing of the Writ Petitions shall be discussed separately.
3. W.P. No. 26488 of 2013 is filed by one NISSAN Motors India Private Limited (hereinafter referred to as “Nissan Motors”). It is a fully owned subsidiary company of Nissan International Holdings, Netherlands, incorporated in the year 2005 in India; and it was only in 2010, it commenced commercial production of engines and vehicles from Oragadam Plant, Tamilnadu. It sold the first Indian manufactured car on July 23, 2010. It is a new entrant in the Indian car market.
4. One Mr. Shamsher Kataria (Informant), who is impleaded as the 3rd respondent in the above Writ Petition appeared to have filed information under Section 19 of the Competition Act, 2002 (hereinafter referred to as ‘the Act’) on January 17, 2011 and further supplemented on January 27, 2011 against only three car companies, viz., (1) Honda Siel Cars India Ltd. (2) Volkswagen India Ltd. And (3) Fiat India Automobiles L
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