Dear Friends,

Does anyone know how we could support the work of the Competition
Commission on this.

Best wishes,

Sunil



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Singhania & Partners takes ‘anti-competitive’ Microsoft to CCI on own
behalf
Competition Law


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Written by Kian Ganz Saturday, 18 September 2010 11:55


Singhania and Partners, represented by Seth Dua & Associates, has made a
complaint against software giant Microsoft before the Competition
Commission of India (CCI) alleging anti-competitive practices and abuse
of a dominant position, according to news channel CNBC TV18.

CNBC’s reporter said: “Now, what Singhania and Partners alleges in their
filing before the Competition Commission is that Microsoft adopted
differential pricing for its OEM and volume licenses and that the law
firm was forced to buy only volume licenses.”

“Hence, Singhania and partners alleges that this is nothing, but price
manipulation on the part of Microsoft. That results in two serious
breaches under the Competition Act of 2002, anti competitive practices
and abuse of dominant position.”

The Business Standard said it could not reach Singhania and Partners for
comment, although an official confirmed to the Economic Times that a
complaint had been received under section 4 of the 2002 Competition Act.

The Business Standard also wrote that sources close to Microsoft
“alleged said that some time earlier, Microsoft had taken an anti-piracy
action against Singhania”, although the paper could not confirm the
claim.


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http://economictimes.indiatimes.com/articleshow/6574959.cms?prtpage=1


17 SEP, 2010, 10.01PM IST,PTI 


Microsoft Corp dragged to CCI for abusing dominant position





NEW DELHI: Global software major Microsoft Corp has been dragged to the
Competition Commission of India (CCI) by a law firm for allegedly
abusing its dominant position as a market leader. 

Singhania & Partners has filed a complaint against Microsoft alleging
that software company first signed an agreement to sell a software at a
certain price, but later raised the price intending not to sell it,
sources said. 

The law firm had placed an order for MS operating systems and MS Office
software. They had paid 50 per cent advance the got quotations for
original equipment manufacturer (OEM) licences, but at the time of
delivery Microsoft said that they would give them volume licence, which
would cost the firm double the price. 

The life of an OEM finishes with the life of a computer, while that of a
volume licence is transferable. 

"Singhania & Associates has argued before the Commission that why should
Microsoft dictate terms as to what order should be placed," a source
said. 

Singhania has also complained that MS practices differential and
discriminatory pricing, suggesting prices according to the size of the
company. 

"The complaint has been received under Section 4 of the Competition Act
2002. The Commission is yet to take a view on it," an official said. 

The case is represented by Seth Dua & Associates. When contacted,
Microsoft India spokesperson said, "We don't comment on any matters that
are before government agencies. Microsoft is committed to complying with
all relevant laws in each jurisdiction where it does business, including
India." 

The Competition Act of 2002, empowers CCI to look into complaints
relating to anti-competitive agreements and abuse of dominant market
position.


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