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2024 (1) TMI 1385 - CCI - Law of CompetitionContravention of provisions of Section 4 of Competition Act 2002 - abuse of dominant position - charging excessive fares - HELD THAT - The Commission has perused the Information and other material available on record. It appears that the Informant is primarily aggrieved by the exclusivity granted to KSRTC by the Government of Kerala by way of notification for operating buses on the Nilakkal- Pamba route to reach Sabarimala temple as well as charging of exorbitant fares from passengers on the said route. This has been alleged to be in contravention of provisions of Section 4 of the Act. With regard to grant of exclusivity to KSRTC for operating on certain routes the Commission notes from the submission of KSRTC that the same has been done by the Government of Kerala in exercise of powers conferred under the provisions of the Motor Vehicles Act 1988 for providing adequate economical and properly coordinated passenger road transport service in the public interest - Commission also notes that the said notification is applicable to both nationalized and non-nationalized routes and has provisions for enhancement of rate of fares for (a) Ghat roads and; (b) during the festival occasions as mentioned in the schedule appended to the said notification. The Commission further notes that the fares on per kilometer basis are being charged on a uniform basis as per the said notification by both public and private operators. The Commission is of the opinion that since there appears no discernible competition concern in the matter it may not be appropriate to delve into allegations of abuse of dominant position. Prima-facie no case of contravention of Section 4 of the Act is made out in the facts circumstances and allegations levelled in the case and the matter is ordered to be closed forthwith under Section 26(2) of the Act. Consequently no case for grant of relief as sought under Section 33 of the Act arises in the matter.
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