TMI Blog2017 (9) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... he '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. - Transfer Appeal (AT) (Competition) No. 06 of 2017 - - - Dated:- 2-8-2017 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Corporation (1st Appellant), North West Road Karnataka Transport Corporation (2nd Appellant) came to be established in 1997. It was alleged that they are abusing their dominant position by not allowing the private bus operators to operate their buses on the above mentioned monopoly routes. According to Respondent/ Informant, while the Appellant reserved routes from Bengaluru to Shivamogga, passing through Ariskere and Kaduru and from Sagar to Sirsi as monopoly routes, route between Shivamogga and Sagar was made as non-monopoly route and in the monopoly routes, only the buses of the Appellant and 2nd Respondent (Opposite Party Nos. 1 and 2 before the Commission) are permitted to. operate. 3. It was further alleged that with a view to cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent/ Informant who operate on such routes is concerned, the Commission held that such conduct of Appellant (OP 1) in not permitting private bus operators in certain route(s) to operate cannot be said to be unfair and anti-competitive in terms of Section 4 of the Act. However, while holding so and rejecting other allegations, the Commission passed the following order: 20. Though contravention of any of provisions of the Act has not been recorded however, the Commission observes that the flexi rate scheme and classification of routes as monopoly and non-monopoly from operational point of view have come up in challenge in the instant matter. The Commission is of the view that it would be appropriate in the larger public interest that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ima facie case of contravention. If the 'Flexi Rate Scheme' and 'classification of routes' and 'monopoly' and 'non6 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. 9. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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