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2017 (9) TMI 196 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIDominant position - abuse of power - case of contravention - allegation of unfair and anti-competitive activities - Held that:- Once the Commission came to a definite conclusion that the person holding 'dominant position' has not abused its power and/or activities and its activities are not unfair and anti-competitive, in absence of any specific evidence and finding, the Commission has no jurisdiction to issue any direction. for the alleged prima facie case of contravention. If the 'Flexi Rate Scheme' and 'classification of routes' and 'monopoly' and 'non- monopoly' destination point has not been held to be operative, the Commission has no authority to express its view as to what the State Government is required to do in the larger public interest. In absence of such power vested with the Commission, we have no other option but to set aside the last part of the order and observation as made in paragraph 20, as quoted above. Thereby, the direction, as given in paragraph 20 of the impugned order is set aside, rest part of the order dated 27th February, 2017 is affirmed. The order passed by the Commission stand modified to the extent above.
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