Parties

The information was filed by Shri Rajiv Rai Sachdev, promoter of Advantage Nature, a unit of Advantage Television Private Limited (‘Informant’), involved in sustainable textile products with herbal hygiene functions, against Procter & Gamble Hygiene and Health Care Limited (‘OP-1’) and the Procter & Gamble Company, USA (‘OP-2’) (collectively ‘OPs’). ^[1]

Submissions by Informant

The Informant alleged that the: (i) OPs misused the Informant’s patented herbal technology shared through the P&G Connect + Develop program; (ii) OPs launched a sanitary pad product in 2021 with features similar to those proposed by the Informant in 2018; and (iii) actions of OPs amounted to abuse of dominance under Section 4 of the Act, resulting in denial of market access to the Informant.

Submissions by Ops

The OPs argued that the: (i) Informant submitted information voluntarily under the Connect + Develop program, which was non-confidential; (ii) OPs did not use the Informant’s patented process, as sanitary napkins are not textiles, and their process is different; and (iii) OPs are not dominant in the sanitary pad market.

Findings by CCI

The CCI observed that: (i) the relevant market in the instant matter is ‘market for disposable sanitary pads in India’; (ii) OPs were not found to be dominant players in this market, with close competitors like Johnson & Johnson; and (iii) no evidence was presented that OPs used the Informant’s patented technology or that they restricted the Informant from entering the market.

Since no prima facie case of contravention of the provisions of the Act was made out, the CCI dismissed the matter under Section 26(2) of the Act.

[1] Rajiv Rai Sachdev v. Procter & Gamble Hygiene and Health Care Limited and Other, Case No. 39 of 2023.