COMPAT by its order dated March 9, 2016 has upheld the CCI order
dated September 3, 2015 refusing to grant interim injunction
against allegations of predatory pricing in an ongoing
investigation against M/s ANI Technologies Pvt. Ltd. (Ola
In a case filed by Fast Track, alleging predatory pricing in
provision of radio taxi services in Bengaluru, the CCI had ordered
detailed investigation through its order dated April 24, 2015.
However, by an order dated September 3, 2015, the CCI rejected
Fast Track's plea for interim injunction which sought
directions from CCI to Fast Track to stop indulging in predatory
pricing with immediate effect.
The CCI rejected the application for interim injunction
observing that even though a prima-facie case can be said to have
been made out in favour of the Fast Track Call Cabs, but the
figures cited by the Fast Track were yet to be examined by the DG
and neither the Fast Track is going to suffer irreparable loss nor
the balance of convenience is in its favour.
The COMPAT has upheld the order of the CCI with the opinion that
the discretion exercised by the CCI not to entertain any prayer for
interim relief does not suffer from any patent legal infirmity to
justify interference by COMPAT.
The COMPAT held that an order of injunction or prayer for
interim relief in the nature of injunction can be granted only if
the applicant satisfies that he has a strong prima-facie case; that
he will suffer irreparable injury, if the injunction/ interim
relief prayed for is not granted; that the balance of convenience
is in the grant of injunction as against its refusal and that the
grant of injunction would be in larger public interest.
The COMPAT noted that it was not yet conclusively established
that Ola Cabs had violated Section 4 of the Act. The prayer for
interim relief cannot be decided assuming that the allegations
stand proved. Further, restricting discounts to public would not be
in public interest, especially since that harm cause to the public
would not be capable of compensated. The appeal has been
(Source: CCI Order dated March 09, 2016. For full text see CCI
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