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2019 (11) TMI 1199 - Commission - Indian LawsDirections for investigation under Section 26(1) of the Competition Act, 2002 - To discontinue Abusive/Anti-competitive practices - price discrimination - fixation of commission rate for all partner hotels - elimination of Performance Linked Bonus (PLB) or other additional promotional incentives which indirectly add to fixed commission - prohibition of discrimination and offering of heavy discounting on hotel room tariffs over & above fixed commission - remittance of advance payments etc. - contravention of the provisions of Sections 3 and 4 of the Competition Act, 2002. HELD THAT:- The Commission is of the view that there exists a prima facie case for investigation against MMT-Go and OYO for alleged violation of the provisions of Section 3(4) of the Act. Further, a prima facie case for investigation under Section 4 of the Act is made out against MMT-Go, as elucidated in the earlier parts of this order. The DG is, thus, directed to carry out a detailed investigation into the matter, in terms of Section 26(1) of the Act, and submit a report to the Commission, within 150 days. During the course of investigation, if involvement of any other party/entity is found, the DG shall investigate the conduct of such other party/entity(s) who may have indulged in the said contravention. It is, however, made clear that nothing stated herein shall tantamount to an expression of final opinion on the merits of the case and the DG shall conduct the investigation without being influenced by any observations made herein.
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