Case Details: Vivek Sharma, In re - [2026] 186 taxmann.com 896 (CCI)
Judiciary and Counsel Details
- Ms Ravneet Kaur | Chairperson, Anil Agrawal, Ms Sweta Kakkad & Deepak Anurag, Member
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Ms Shruti Sharma, Ms Shreya Sharma & Nishant Kandpal, Advs. for the Respondent.
Facts of the Case
In the instant case, the Information was filed alleging contravention of provisions of section 4 by St. Stephen’s Hospital (OP). DG, in its supplementary investigation report, found that OP was dominant in the relevant market for the provision of healthcare services by super speciality hospitals in Delhi and had contravened the provisions of section 4 by abusing its dominant position.
It was noted that OP was engaged in the economic activity of providing healthcare services to patients (in-patients as well as out-patients) instead of monetary consideration; it was an ‘enterprise’ within the meaning of sub-section (h) of Section 2 of the Competition Act, 2002.
It was noted that patients seeking elective treatment were able to take into account the approximate overall cost of treatment, reasonably assess and compare the total cost they were likely to incur during treatment, including the cost of products and services, before seeking admission.
CCI Held
The CCI held that it would not be appropriate to delineate separate primary and secondary (aftermarket) markets for inpatients admitted with OP for elective treatment; accordingly, a unified relevant product market was to be delineated, i.e., the market for the provision of healthcare services by super speciality hospitals.
Further, since OP allowed the purchase of consumables, medical devices, medicines, and medical tests from outside the hospital, no case of abuse of dominant position in contravention of section 4 could be made out against OP.
List of Cases Referred to
- Siddharth Dalmia v. Union of India [Writ Petition (C) No. 337 of 2018, dated 4-3-2025] (para 27)
- United Brands v. Commission of the European Communities [Case 27/76] (para 57).
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