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a<br />
b<br />
c<br />
d<br />
e<br />
f<br />
g<br />
h<br />
i<br />
2011]<br />
Belaire Owner’s Association v. DLF Limited and Anr.<br />
(Ashok Chawla, Chairman; Dr. Geeta Gouri, Anurag Goel, M.L. Tayal (Members))<br />
0259<br />
area or place. There is no doubt that builders-developers not only from Gurgaon but<br />
from National Capital Territory of Delhi and all over India can provide their services<br />
to the consumers of Gurgaon for developing and constructing a house. However,<br />
that is a question of entry in the market. Thus, the relevant geographic market in this<br />
case, according to DG, has to be Gurgaon.<br />
5.21 Based upon exhaustive analysis, DG has stated that the relevant market in<br />
terms of relevant product and relevant geographic market in this case would be<br />
services provided by developers/builders for construction of high end residential<br />
buildings carried out in Gurgaon.<br />
Assessment of Dominance<br />
5.22 On the issue of dominance it has been stated by OP-1, it does not enjoy<br />
“dominant position” within the meaning of explanation (a) of Section 4. In order<br />
to find out whether it has a “Dominant Position as defined in Explanation (a) to<br />
Section 4, it is to be established that it enjoys a position of strength, in the relevant<br />
market, in India, which enables it to act in a manner as provided in Clauses (i)<br />
and (ii) thereof. Even though in a general sense, in the context of describing the<br />
status of a leading company, it may be referred to as having a “Dominant Position”,<br />
in various statements/Annual Reports, etc. such description would have no<br />
relevance, unless there is sufficient material to establish that the enterprise enjoys<br />
a “Dominant Position” in terms of the exhaustive definition thereof as set out in<br />
Explanation (a).<br />
5.23 According to OP-1, there are many large Real Estate Companies and Builders in<br />
India, particularly in Northern India as well as in NCR and Gurgaon who offer stiff<br />
competition and give competitive offers in the relevant market of residential<br />
apartments to give a wide choice to the consumers. Even though OP-1 is a large<br />
builder, there are hundreds of other builders all over India as well as in Northern<br />
India including NCR, who offer residential apartments to prospective investors.<br />
5.24 According to OP-1, the conditions of offer of each builder are considered by the<br />
intending investor and then he makes up his mind as to which offer suits him. The<br />
choice of residential property available in the market has never been limited and<br />
apart from the Residential properties offered by it there were a large number of<br />
residential properties available in the market for the investor to choose from.<br />
5.25 OP-1 has submitted analysis reports from Jones La Salle Meghraj (JLLM), ICICI<br />
Direct Analyst, RBS (The Royal Bank of Scotland) Analyst, Knight Frank, Goldman<br />
Sachs, Prop Equity, Research to support their contention that they are not dominant<br />
in the relevant market. Further, a list of 83 members of CREDAI NCR obtained from<br />
their Website also indicates the number of Developers who are their members and<br />
operate in NCR, which is indicative of the fact that there are a large number of<br />
developers, who offer competition. Based upon these, it has been stated that the<br />
residential space offered by OP-1 does not constitute any substantial part of the total<br />
residential properties offered by various developers.<br />
5.26 OP-1 has also contended that it is not a dominant player as the choice of<br />
residential property available in the market was never limited and apart from the<br />
Residential properties offered by OP-1, there were a large number of residential<br />
properties available in the market for the investor to choose from. This also included<br />
offers from Government and Public Sector Organisations like DDA, HUDA, NOIDA<br />
Development Authority, Ghaziabad Development Authority, etc.<br />
COMPETITION LAW REPORTS (JUL-AUG 2011)<br />
31