16 November 2010

Questions for Competition Law Analysis in India

---------- Forwarded message ----------
From: Pranesh Prakash
Cc: Anuj Puri <ap2700 AT caa.columbia DOT edu>

Dear all,
As some of you might be aware, CIS has commissioned Anuj Puri, a respected competition law attorney, to write a report on software practices and competition law in India.  That report can then be used as a basis for legal interventions before the Competition Commission of India.  Anuj wanted the help of the FOSS community in getting evidence about practices.  He needs our help in getting more details on the following fronts:

1. How are the software priced?
If we have to allege predatory pricing on behalf of any firm, we need to know if we can predict their average variable cost or marginal cost.

2. How are they sold or licensed- details of bulk discount, bundling?
I would require some evidence of the default internet browser, media player, etc., sold in tandom with the OS.  The best I have at the moment is an OS vendor's website which is really short on details.  Similar evidence of exclusive tie-up between any OS vendor and an OEM would be extremely helpful.

3. Predatory pricing instances.
Newspaper reports, other data illustrating where software, OS or hardware have been supplied free of cost or below cost to state agencies.

I would request people to send in material to substantiate the above, and evidence of any other practice that they feel might be violative of our competition law.  Please spread the word around on other mailing lists as well, and help us get as much detail as possible.


By- Narendra Sisodiya

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