CCI | No contravention by RWITC in game of horse racing as pieces of evidence fail to prove any anti-competitive practices  

Competition Commission of India (CCI): The Three-Member Bench comprising of Ashok Kumar Gupta, Chairperson and Augustine Peter and U.C. Nahta as members dismissed a case for anti-competitive practices for lack of merits.

This petition has been filed under Section 19 (1)(a) of the Competition Act, 2002 by informant against the opposite party alleging contravention of the provisions of Sections 3 and 4 of the Act for controlling horse racing activity and imposing unfair and discriminatory conditions for getting results in their favour. It has been further alleged that the opposite party were either race horse owners and stud farm owners or breeders having a direct interest in the horse races and also betting activities were independently performed, profit of which went to the party which further explains their vested interest in the same.

The opposite party argued that the game/ sport of horse racing is primarily governed by the Bombay Race Course Licensing Act, 1912, Section 3 of which provides that “no horse race can be held save and except on a race course for which license for racing is granted in accordance with the provisions of this Act.” Also, any objections regarding any race event takes place under a close public vigil and there was no scope for foul play or mischief. With regard to the betting allegations, the case K.R. Lakshmanan v. State of T.N., (1996) 2 SCC 226 was quoted which clarified that betting for horse racing was legalized in India which was being performed after obtaining a license under the above act. Coming to the abuse of dominance under Section 4 it stated that it was involved in only 23% of the events.

The Commission observed that not only were the allegations vague and without substance but the informant also has not been able to demonstrate as to how the allegations attract the provisions of Section 3 of the Act and accordingly there was no case of contravention. [Habib Rajmohamad Patel v. Royal Western (India) Turf Club Ltd., 2019 SCC OnLine CCI 3, order dated 15-01-2019]

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