In The Competition Appellate Tribunal Of Oregano, at Chilli Flakes
The Republic of Oregano (“Oregano”) is a developing country with its capital at Chilli Flakes. The laws of Oregano are in pari materia with the laws of India, with the limited exceptions created in this Proposition. Oregano enacted its competition law, the Oregano Competition Act (the “Competition Act”), in 2002. However, due to resistance from business and industrial houses in Oregano, the Competition Act was only brought into force in a phased manner, with the last provisions coming into force in June, 2011.
The Competition Act has provisions that deal with anti-competitive agreements and abuse of dominant position. These were brought into force with effect from 20 May 2009. The provisions relating to mandatory notification of combinations (also known across the world as the merger control provisions), along with implementing regulations, were brought into force with effect from 1 June 2011.
The Competition Commission of Oregano (the “Competition Commission”) treats decisions of the Competition Commission of India as well as other authorities as having high persuasive value. The Competition Commission also regards the competition regulators of the European Union and the United States highly, and relies on precedent from these jurisdictions as well.
Teaser Limited (“Teaser”), a company incorporated in Oregano, is, inter alia, a manufacturer of colour ink cartridges for office printers. There are a number of ink cartridge manufacturers and they can easily switch from producing colour ink cartridges to monochrome ink cartridges depending on the buyer’s requirement. However, the users of particular printers (coloured / monochrome ink) cannot easily switch to using a different ink cartridge as it requires substantial technical modifications to the printer. Market shares in the market for the supply of ink cartridges are not stable and Teaser’s shares have ranged from 25-45% over the past 5 years. However, Teaser is the largest supplier of colour ink cartridges for use only in colour laser printers (that are mostly used in offices).