When the Competition
Commission of India (CCI) alleged that DLF misused its dominant
market position and imposed unfair conditions on home-buyers of two of its many
projects, the real estate fraternity, Legal experts and others strongly
questioned the basis of the CCI order and the enormous penalty of Rs.630-crore
levied on the real estate major. However, now that the
real estate sector itself has approached the CCI through its apex body CREDAI
against the cement cartel, the issue of CCI jurisdiction has yet again
surfaced. The moot point in the real estate sector today is whether the nature
of realty business and its ancillary units fall under the CCI purview and the
logic of CCI in determining the relevant market based on all India sales of
select companies.
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