Case Analysis: Hyundai Motor India Ltd Vs Competition Commission Of India

Adv. Divya. S, Pursuing post-graduation in Law at Christ University, Bangalore, Karnataka

1. BACKGROUND

On January 17, 2011, Mr Shamsher Kataria, a resident of New Delhi, filed a complaint with the Competition Commission of India (CCI) under Sections 3 and 4 of the Competition Act, 2002, specifically Section 19(1)(a). Mr. Kataria alleged that three automobile manufacturers, namely Honda Siel Cars India Limited, Volkswagen India Private Limited, and Fiat India Automobiles Limited, were involved in the abuse of their dominant positions and were engaged in anti-competitive activities.

The Additional Director General provided a report to the Competition Commission of India (CCI), noting that they had identified similar practices in other car manufacturers in India, particularly in the domains of after-sales service and the procurement of spare parts. As a result, the Additional Director General sought the CCI's permission to broaden the investigation's scope to include these other car manufacturers for a more comprehensive examination.

The CCI issued an order considering the request of the Additional Director General, which allowed the expansion of the scope of the investigation.

Following the CCI's order dated April 26, 2011, the Director General issued a notice dated May 4, 2011, to Hyundai Motor India Limited under Section 36(2), read with Section 41(2) of the Competition Act, 2002.