CCI rules out abuse of dominance charges against TDI Infra

Competition watchdog CCI has dismissed a complaint of unfair business practices against realty firm TDI Infrastructure with respect to TDI Fun Republic Mall in the National Capital.
The complaint filed by TDI Fun Republic Shop Owner Welfare Association had alleged that TDI Infrastructure along with E-City Property Management & Services (EPMS), Vikas Ladh (of EPMS) and Tyagi Anand Mall Management had abused their dominant position by imposing arbitrary and unreasonable charges on the shop owners in the mall.
EPMS maintains the operation of the TDI Fun Republic Mall, while Tyagi Anand Mall Management is the mall manager.
In an order released today, the Competition Commission of India (CCI) said that "since the opposite party No 4 (TDI Infrastructure) does not appear to be dominant in the relevant market hence there arises no need to assess the abuse of dominance by the opposite party no 4 in the relevant market".

The watchdog noted that there "does not exist a case for directing the Director General under... The (Competition) Act to cause an investigation into the matter".
The complainants had alleged that TDI Infrastructure and the other entities had formed a group with the intention to "fleece" the shop owners of the mall and were controlling the assets of the mall for their illegal gains.

It was further alleged that they have abused their dominant position by imposing internal development charges at their own whims and were indulging in anti-competitive practices, among others.
The fair trade regulator observed that TDI Infrastructure "cannot operate independently of competitive forces prevailing in the relevant market and also cannot affect its competitors or consumers or relevant market in its favour".

"Therefore, Commission infers that opposite party no 4 may be one of the reputed players in real estate market for retail outlets but it cannot be said to be a dominant player," it added.