On September 15, 2022, pursuant to a complaint filed by Sh. Nadie Jauhri (‘Informant’), the CCI dismissed the allegations of horizontal restraints under Section 3(1) and 3(3) of the Competition Act against Sh. Sanjay Mehrotra (‘OP-1’) and Sh. Rajendra Saini (‘OP-2’)^[1]

The Informant has alleged that: (i) by way of a Circular, OP-1 directed that no chemist will buy or sell products of Macleods Pharmaceuticals Ltd. with effect from 13.07.2022, till further information is received from Drug House and Srushti Drug House located at Birhana Road; (ii) the Informant has also alleged that the boycott of medicines creates shortages and increases black market by reducing consumer choice and competition. This has been alleged to be in contravention of provisions of Section 3(3)(b) read with Section 3(1) of the Competition Act.

The CCI in its analysis, perused the Circular and noted that ex-facie, the Circular does not bear any indication of having originated from OP-1. The CCI further noted that no credible evidence has been provided by the Informant to substantiate the allegations of boycott of products of Macleods except some photographs of certain retailers holding a banner stating that buying and selling medicines manufactured by Macleods Pharmaceuticals Limited has been banned. Lastly, there is no information as to whether the same was brought to the knowledge of Macleods and if it was in its contemplation and what action, if any, followed.

Accordingly, the CCI dismissed the complaint.

[1] Case No. 33 of 2022.