MCX Stock Exchange Ltd. & Ors V. National Stock Exchange of India: Case No_13/2009

Abstract

The case of MCX & Ors v. NSE of India is one of the first cases on abuse of dominant position. The Competition Act, 2002 was enacted to ensure that any type of anti-competitive agreement is not allowed in the market. The anti-competitive agreement causes appreciable adverse effects on competition in the market. The Competition act ensures that there is no such agreement takes place and some companies do this appropriate action to be taken against them. The act ensures that fair competition maintained in the market. The objective of the act is clear that it intends to promote competition in the market. The Competition Act protects the interest of the consumers by ensuring free and healthy trading and competition in the market. Even the protection of the consumer is not directly mentioned in the objective of the act but the act works on the welfare of consumers by inserting such provisions which do not allow any unfair trade practices in the market. Since the Competition Act of, 2002 enacted various important decisions were given by CCI. Many CCI decisions are pending before the Supreme Court for final adjudication. The National Stock Exchange case is one of the important cases filed in CCI. The CCI and COMPAT both found NSE guilty of violating the act and using the dominant position. The abuse of the dominant position was examined in detail in this case. The NSE appeal is pending before the Supreme Court for final adjudication. In this case analysis, the decision CCI and COMPAT are dealt with in detail.