Singhania & Partners a law firm in India sued Microsoft Corporation India Pvt. Limited, alleging resale price maintenance and abuse of dominant position.
Microsoft offers two of software licenses: OEM(Original Equipment Manufacturer) license and vollume license. OEM license is for new computers. While vollume license is for old computers. Distributors charge prices double of OEM license for vollume license. Informant alleges it as discriminatory pricing, resale price maintenance and abuse of dominant position.
Discriminatory pricing could not be proved because informant could not prove different licenses as similar product.
Resale price maintenance could not be proved there is no minimum price fixing by Microsoft. Informant could not prove entry barrier in relevant market.
Abuse of dominant position could not be proved because of lack of sufficient evidence.
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