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DR. DIMPLE JINDAL (ADV.) (Advocate)     10 December 2012

An unauthorised person selling a branded company products

a person is selling some branded products on reduced rates ( below than company prices), to harrash their competitors ( who are company authorised dealers to sell company products). can we as company representative or company himself stop him to do so?



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 1 Replies

Goutam Prasad (Advocate)     10 December 2012

If company has already put condition of specific price for resale, then yes company can take any action against such person. No other person except the company itself can take any action.

In case, before providing any product company has not put any condition on the minimum sale price, then even company will fail to take any action in such cases.

However, if it can be shown that the person is selling branded goods for lower prices beyond that of his purchase price, then application can be moved in Competition Commission of India claiming his act to be one trying to establish monopoly.

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