Microsoft Corp dragged to CCI for abusing dominant position

MS practices differential and discriminatory pricing : Complainant

PTI | September 20, 2010



Global software major Microsoft Corp has been dragged to the Competition Commission of India (CCI) by a law firm for allegedly abusing its dominant position as a market leader.

Singhania & Partners has filed a complaint against Microsoft alleging that software company first signed an agreement to sell a software at a certain price, but later raised the price intending not to sell it, sources said.

The law firm had placed an order for MS operating systems and MS Office software. They had paid 50 per cent advance the got quotations for original equipment manufacturer (OEM) licences, but at the time of delivery Microsoft said that they would give them volume licence, which would cost the firm double the price.

The life of an OEM finishes with the life of a computer, while that of a volume licence is transferable.

"Singhania & Associates has argued before the Commission that why should Microsoft dictate terms as to what order should be placed," a source said.

Singhania has also complained that MS practices differential and discriminatory pricing, suggesting prices according to the size of the company.

"The complaint has been received under Section 4 of the Competition Act 2002. The Commission is yet to take a view on it," an official said.

The case is represented by Seth Dua & Associates.

When contacted, Microsoft India spokesperson said, "We don't comment on any matters that are before government agencies. Microsoft is committed to complying with all relevant laws in each jurisdiction where it does business, including India."

The Competition Act of 2002, empowers CCI to look into complaints relating to anti-competitive agreements and abuse of dominant market position.

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