9911796707
TMI Blog2013 (5) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... e and style M/s Karan Ores & Specials in New Delhi. He was also running a beauty parlour at DLF Phase -IV, Gurgoan under another sole proprietorship concern Maanya Bellezza. 3. The OP is an enterprise engaged in the business of providing beauty and wellness services, as well as in the business of sale and delivery of products in relation thereto i.e. for saloon services for women. It has been stated by the informant that OP had opened a chain of nearly 168 retail boutique beauty saloons in various cities of India popularly known as "Lakme Saloon" through its franchisees. 4. It is alleged by the informant that the OP on account of its numerous retail beauty saloons all over the country has sizable presence and enjoys a position of strength ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant paid a substantial sum of Rs. 35,12,535/- towards non-refundable start-up fees for all 7 Saloons including the sum of Rs. 13,12,222 towards 50% of non-refundable start-up fees for the balance 4 saloons proposed to be opened till 8th October, 2013. 7. The informant opened up three Saloons till December, 2011 in accordance with the Schedule under the said Agreement and hence, under Clause 4.2 of the said agreement the informant acquired a right to territorial exclusivity for a period of three years commencing from the date of opening of each of respective Saloon. The informant alleged that he had already invested more than Rs. 5 crores in setting up the three Saloons mentioned above. 8. As per information a dispute arose between the inf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the market of the beauty and wellness services for women through exclusive saloons for women. As far as the relevant geographical market is concerned, as per Section 2(s) of the Act "relevant geographic market" means a market comprising the area in which the conditions of competition for supply of goods or provision of services or demand of goods or services are distinctly homogenous and can be distinguished from the conditions prevailing in the neighbouring areas. The market for beauty and wellness saloons for women is a customer based market and the factors such as consumer preferences etc. as given in Section 19(6) of the Act are to be kept in mind. Beauty and wellness saloons exclusively for women are present in Delhi as well as Gur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any of these beauty saloons are one person show and many have employed several women beauticians to cater to the needs of their clients. The size of beauty saloons depends upon the gradual growth of the saloon in the area. Some saloons have grown with time and some are standstill. In any case, the exact numbers of total saloons catering to different strata of the society are not known. However, some of the well known players are Lakme, VLCC, Jawed Habib, Shahnaz Husain etc. According to informant itself, Lakme has planned for total 7 saloons in Delhi as well as in Gurgaon. Presence of VLCC and Shahnaz Husain is at much larger scale in Delhi and surrounding areas. By no stretch of imagination, OP can be considered as dominant either in the g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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