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22 December 2015

CCI Initiates Investigation Against Max Super Specialty Hospitals For Alleged Abuse Of Dominance

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Established in 1971, Vaish Associates, Advocates is one of the best-known full-service law firms in India. Since its inception, it continues to serve a diverse clientele, including domestic and overseas corporations, multinational companies and individuals. Presently, the Firm has its operations in Delhi, Mumbai and Bengaluru.
The CCI in its order dated November 17, 2015, has directed the Director General to conduct an investigation against Max Super Specialty Hospital and M/s Becton Dickinson India (P) Ltd. for alleged abuse of dominance pursuant to an information
India Antitrust/Competition Law
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The CCI in its order dated November 17, 2015, has directed the Director General (DG) to conduct an investigation against Max Super Specialty Hospital ("Max") and M/s Becton Dickinson India (P) Ltd. ("BDI") for alleged abuse of dominance pursuant to an information. The Information was filed by an individual. The informant has alleged that BDI in collusion with Maxhas been printing higher MRP on its products to be sold in the hospitals of Max in order to increase the margins of both Max and BDI and to cheat the patients/consumer. Moreover, Max has given exclusive right to BDI to sell its product in the said hospital.

CCI, while forming the prima facie case for investigation observed that the relevant market would be the market for 'provision of health care services by super speciality hospitals in Delhi" and Max is in dominant position in the said market

(Source: CCI Order dated November 17, 2015.For full text see CCI website)

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