Bharti Airtel Ltd And Reliance Industries Ltd

Whether OP can be said to be in a dominant position in the relevant market if several players ranging from established foreign telecom operators to prominent domestic business houses are present in the relevant market and many of these players are comparable in terms of economic resources, technical capabilities and access to capital - NO: CCI

Whether the allegation that a telecom operator is dominant on account of its large spectrum holding can be sustained when the regulatory requirements of Telecom department provides a cap on the overall and band wise spectrum holding of such operators to prevent undesirable concentration of spectrum - NO: CCI

Whether a telecom operator can be said to be dominant player merely because it has made huge investment in telecom market & is financially sound but its costumers constitute less than 7% of the total subscriber base in the market - NO: CCI

Whether it can be said that the telecom operator has indulged in predatory pricing if being a new entrant it seeks to incentivise customers towards its own services by giving attractive offers and schemes particularly when there are already big players operating in the market - NO: CCI

Whether a company, being a telecom operator, shall be deemed to have leveraged its dominant position merely because it made investment in another company but such other company is not engaged in the business of providing telecom services or any other related services - NO: CCI

- Order passed u/s 26(2) of the Act: CCI