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Amir Bavani, founder of AB Legal in Hyderabad, said NCLAT has given a reasoned judgment. “It is a very reasoned judgment wherein the appellate tribunal categorically stated that for proving abuse of dominance under the Competition Act, 2022, effect analysis is required to be done and it is to be tested whether the abusive conduct is anti-competitive or not,” Bavani said. He said the appellate tribunal also rendered a detailed analysis on why pre-installation of the entire GMS Suite amounts to imposing unfair practices on OEMs and how the tech giant enjoys a dominant position in the Android market, resulting in breach of various provisions of the Act.
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