Bar & Bench News Network
Pan India law firm Singhania & Partners (Singhania) has decided to not put up with Microsoft’s monopolistic tendencies which has allegedly led them to breaching the Competition Act, 2002.
According to the Economic Times, the firm had placed an order for Microsoft (MS) operating systems and MS Office software and had also paid an advance on the Original Equipment Manufacturer licenses. But at the time of delivery the firm was informed by Microsoft that they will supply only volume licences which would cost them double the original intended price.
Singhania then decided to file a complaint before the Competition Commission of India (CCI) alleging that MS is taking unfair advantage of its dominant position in the Indian market and has also indulged in price manipulation.
Interestingly, Singhania has decided to appoint an external law firm to represent their case before the CCI, Seth Dua & Associates (Seth Dua).
Speaking to Bar & Bench, Atul Dua, Founding Partner of Seth Dua said, “Singhania has acted as an informant to the CCI regarding unfair trade practices of Microsoft. The CCI will examine the written submissions and depending on that will decide whether to hand over the complaint to the Director-General for an investigation into the allegations. The next date of hearing is expected to be sometime in November".
Microsoft has refused to comment on this matter only releasing a statement saying, “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".
What remains to be seen is how the CCI will handle the high stakes case with big name players being involved.
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The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (2)










