COMPAT by its order dated August 16, 2016 has upheld order of
CCI whereby it declined to order an investigation into the
allegations of abuse of dominance by Vodafone India for levying
exorbitant charges for international roaming plan. The information
was filed in CCI by Mr. Vishwambhar Marutirao Doiphode alleging
that Vodafone India was in a dominant position vis-ŕ-vis the
consumer and by taking advantage of that position, it has levied
exorbitant charges @ ` 564/- per MB as against 30/- per MB payable
for international roaming plan. The appellant further averred that
in India the data usage charges are 0.04 per 10 KB, which comes to
approximately 4/- per MB, but Respondent had charged 564/- per MB
and, thereby, acted in contravention of Section 4(2)(a)(i), 4(2)(c)
and 4(2)(e) of the Act.
The CCI held that no prima-facie case was made out for directing
an investigation into the allegation of abuse of dominant position
by Respondent as besides Respondent, Airtel, Idea Reliance, Tata,
Aircel and MTNL were providing wireless telecommunication services
and offering international mobile data services too. Also, the
Informant had not provided any statistics to show that Respondent
had the largest share in the relevant market and held that in the
absence of such material, Respondent cannot be said to be in a
dominant position in the relevant market.
The COMPAT dismissing the appeal, held that the Commission did
not commit any error by declining to order investigation into the
allegation of abuse of dominant position levelled by the appellant
because he did not produce any evidence to prima facie show that
market share of Respondent is largest among the telecom service
providers in the relevant market. In the absence of an affirmative
finding that Respondent was in a dominant position in the relevant
market, there was no warrant for ordering an investigation into the
allegation of abuse of dominant position by the said respondent and
the Commission rightly declined to entertain the prayer made in the
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