The Firm was instrumental in advising INOX on its novel defence against the information filed by Cryogas Equipment Private Limited (CEPL) and successfully obtaining a favourable order from the CCI despite precedent to the contrary. CEPL filed an information against INOX, alleging an abuse of dominant position by INOX in the market for LNG semitrailers. It was alleged that INOX abused its dominant position by amongst other allegedly instituting frivolous litigation, to exclude CEPL from the market. Based on our submissions premised on a mix of competition as well as copyright related arguments, the CCI did not find any prima facie case of abuse to order an investigation.

The information filed by CEPL was dismissed at the primafacie stage itself despite precedent to the contrary, without an in-depth investigation by the CCI.

The KCO team was able to get secure a closure order at the threshold stage a dismissal order in an allegation of abuse of dominance without any determination of dominance or market power of INOX by demonstrating that the conduct in question cannot amount to abuse, irrespective of any dominance. The core team consisted of Anisha Chand (Partner), Soham Banerjee, Senior Associate and Siddharth Pravin Bagul, Associate with assistance from Smriti Yadav, Partner and Dhiren Karania Principal Associate on Intellectual Property aspects of the matter.