CCI Dismisses Unfair Business Complaint Against Inox, Hindustan Coca-Cola Beverages
The CCI observed no violation of Section 3 of the Competition Act that pertains to anti-competitive agreements.
The Competition Commission of India dismissed a complaint alleging unfair trade practices against multiplex chain operator Inox and Hindustan Coca-Cola Beverages, the bottling arm of Coca Cola in India, with respect to selling of beverages in multiplexes.
There was no violation of Section 3 of the Competition Act that pertains to anti-competitive agreements, the regulator said while disposing of the matter.
The ruling came on a complaint filed by Telangana-based Vijay Gopal who alleged that Inox has colluded with Coca Cola by entering into exclusive supply/sale agreement to sell water/beverages within the multiplexes at higher prices.
Besides, the complainant alleged that consumers are forced to buy essential goods like water in multiplexes, and therefore there exists an implicit tie-in arrangement which is prohibited under the Competition Act.
By entering into such agreements, the firms violated Section 3 of the Competition Act, the complainant alleged.
With regard to the agreements between the two firms, the CCI observed that there exists no appreciable adverse effect on competition, which needs to be established in order to examine any possible violation of Section 3.
Dismissing the allegation of tie-in arrangement, the CCI said there is no explicit condition that consumers have to necessarily buy these goods to watch the movie.
Moreover, Inox also provides free water inside the multiplexes, the CCI said in an order dated Feb. 28.
The CCI “closed the matter” as it found no contravention of the Competition Act.