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2 Part 2 Indian J. Integrated Rsch. L. 1 (2022)
Case Analysis of Bharti Airtel Ltd. v. Reliance Industries Ltd. and Reliance Jio Infocom Ltd.

handle is hein.journals/injloitd3 and id is 1055 raw text is: 
Indian Journal of Integrated Research in Law


  CASE ANALYSIS OF BHARTI AIRTEL LTD. V. RELIANCE

  INDUSTRIES LTD. AND RELIANCE JIO INFOCOM LTD.

           Tejaswa Mishra & Punyashree S. Biswal, Dhannashastra National Law University,
                                    Jabalpur (M.P)





Brief background  of the case

Bharati Airtel Limited filed a case against Reliance Industries Limited and Reliance Jio
Infocom  Limited alleging infringement of the provisions of sections 3 and 4  of the
Competition  Act, 2002. The allegations made by Bharti Airtel (informant) are against the
services offered by Reliance Jio Infocom Limited (OP 2). It was contended by the informant
that OP2 was supported by Reliance Industries (OP 1) in that all losses sustained by OP2 in its
preliminary months of providing pro bono services to furnish to its subscriber base were
sheltered by OP1, thereby executing an anti-competitive agreement and causing abuse of
dominant position through predatory pricing.

Progressive History

The Competition Commission  of India (CCI) acted upon receiving information under section
19(1)(a) of the Competition Act 2002 and passed an order under Section 26(2) of the Act.
Information was bequeathed by Bharati Airtel regarding occurrence of an anti-competitive
agreement  and abuse of dominant  position through predatory pricing. The Commission
examined the information provided by the informant in its ordinary meeting on 23-02-2017
and also conducted a preliminary conference with both the parties regarding the documents
filed by the informant against OP1 and OP2.

Issues

Bharati Airtel has alleged three contentions against Reliance Industries Limited and Reliance
Jio Infocom Limited. These are as follows:

    1. The resources amount to predatory pricing and is direct contravention to section 4
       (2)(a)(ii) of the competition act of 2002.


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Volume II Issue V I ISSN: 2583-0538