CCI dismisses complaint against Asian Paints

Competition Commission today rejected a complaint of unfair business practices made against Asian Paints with regard to painting services provided for a house in Kolkata.
This is the second time the watchdog is dismissing the same allegations made by the same complainant against the company.
It was alleged that Asian Paints abused its dominant market position by not providing appropriate painting services and did not complete the works at a house in Kolkata, as promised through various advertisements.
Rejecting the complaint, Competition Commission of India (CCI) today said no additional material or evidences with the regulator has been submitted so as to draw a different conclusion regarding contravention of the provisions of sections 3 and 4 of the Act.

The complaint was made by one Belarani Bhattacharyya.
"As the facts and allegations remain the same, the commission is of the view that no case of contravention of any of the provisions of either section 3 or section 4 of the Act is made out against the Opposite Party (Asian Paints) in the instant case," the order said.

Section 3 pertains to cartelisation while Section 4 relates to abuse of dominant position.
For this case, 'providing home solution services for painting homes in geographical area of Kolkata' was considered as the relevant market' by CCI.
Bhattacharyya's first complaint against Asian Paints in 2011 was then rejected by CCI. The complainant's appeal before the Competition Appellate Tribunal (Compat) was also rejected.

Then, she approached the Delhi High Court, which had said that she may approach the Supreme Court against Compat order.
After Bhattacharyya's review petition as well as an appeal to a different bench of the Delhi High Court were also rejected.
Finally, she went to the Supreme Court which allowed her to approach CCI with a fresh complaint.