NCLAT has set aside CCI’s order of Rs. 87 crore fine on Hyundai Motor India for imposing Resale Price Maintenance by setting and implementing a Discount Control Mechanism on its dealers, and tie-in agreements which mandated them to use recommended lubricants.

On appeal, NCLAT held that:

• CCI has failed to appreciate the evidence and the order has been passed merely on the basis of DG’s opinion.
• DG and CCI have also failed to decide relevant product and geographic market as required and the finding is against the law laid down by the Supreme Court.
• CCI should refund the penalty amount, if any, deposited by the appellant.

For more: https://nclat.nic.in/Useradmin/upload/6594600435ba2337253f81.pdf